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Minimizing Confrontation: The Eighth Circuit Uses Crawford Avoid Bruton For Non-Testimonial Statements, Samuel Buffaloe
Minimizing Confrontation: The Eighth Circuit Uses Crawford Avoid Bruton For Non-Testimonial Statements, Samuel Buffaloe
Missouri Law Review
Outside of the Bruton context, this Note also examines the implications of defining "testimonial" statements entirely from the point of view of the speaker as the Eighth Circuit did in Dale. This Note will argue that to ignore the motives of the examiner encourages the police to use unethical and deceptive interrogation techniques. This Note additionally argues that applying Bruton only to testimonial statements ignores Bruton's Due Process concerns in that it allows juries to do what the Supreme Court considers to be an "impossible" task. Finally, this Note questions whether, after Crawford, any remaining constitutional limits remain on the …
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Missouri Law Review
In 2009, the U.S. Court of Appeals for the Eighth Circuit held that the Minnesota offense of fleeing a peace officer in a motor vehicle is not a "crime of violence" for the purposes of the Federal Sentencing Guidelines. Under the Federal Sentencing Guidelines (Sentencing Guidelines), a crime of violence is defined as any state or federal offense "punishable by imprisonment for a term exceeding one year" that involves the use of physical force against another person or that "is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential …
In A Class Of Their Own: The Eighth Circuit Upholds A Credit Card Agreement's Class Action Waiver And Mandatory Arbitration Clause, Lucinda Housley Luetkemeyer
In A Class Of Their Own: The Eighth Circuit Upholds A Credit Card Agreement's Class Action Waiver And Mandatory Arbitration Clause, Lucinda Housley Luetkemeyer
Missouri Law Review
The United States Court of Appeals for the Eighth Circuit recently joined the cadre of courts to uphold class action waivers in arbitration agreements. In Cicle v. Chase Bank USA, the court held that a Missouri woman's putative class action suit against a credit card company was barred due to theclass action waiver in her card agreement's arbitration clause. The Eighth Circuit reversed a sharply worded federal district court order and rejected the plaintiff s contention that the class action waiver was a "de facto immunity provision[]" for the credit card company which would leave her and other similarly situation …