Thursday, July 17, 2014

Unpublished Decisions

U.S. v. Marquez, 2014 WL 2978546 (7/3/14) (Kan.) (unpub'd) - Mr. Marquez's appeal waiver was enforceable even though he was surprised by the Sentencing Commission's post-sentence announcement of reductions in the offense levels for drug offenses.

Smith v. Howell, 2014 WL 2958785 (7/2/14) 9Kan.) (unpub'd) - It was not clearly established that Mr. Smith's 8th Amendment rights were violated by exposure to a "small" quantity of friable asbestos from a damaged pipe for "just" a few hours. So the prison employees are entitled to qualified immunity.

Kennedy v. Addison, 2014 WL 3361131 (7/10/14) (Okl.) (unpub'd) - A defendant's absence from individual voir dire in chambers was not enough to establish a constitutional error.