[ February 27, 1998 ]
971744U.pdf 02/27/98 Winona P. Young v. Marvin Runyon
U.S. Court of Appeals Case No. 97-1744
Western District of Arkansas
Civil Rights; Defendant's summary judgment affimed without comment.
973055U.pdf 02/27/98 USA v. Debra Ann Roath
U.S. Court of Appeals Case No. 97-3055
Western District of Missouri
Sentencing Guidelines; Loss calculations in fraud conviction
affirmed without comment.
[ February 26, 1998 ]
961320P.pdf 02/26/98 Michael E. Madsen v. Michael T. Groose
U.S. Court of Appeals Case No. 96-1320
Western District of Missouri
State Habeas; District court erred in finding state's failure to
disclose forensic chemist was not competent to testify on serology
issues was a Brady violation.
961613P.pdf 02/26/98 Kelvin Malone v. Daniel Vasquez
U.S. Court of Appeals Case No. 96-1613
Eastern District of Missouri
State Habeas; Death penalty case - conviction and sentence affirmed;
No Batson violation shown; claims of ineffective assistance of
counsel at sentencing rejected.
971783P.pdf 02/26/98 Union Pacific RR Co. v. Bryan L. Beckham
U.S. Court of Appeals Case No. 97-1783
and No. 97-1791
District of Nebraska
ERISA; Employees' cross-claims are time-barred in ERISA dispute
following railroad merger.
971871P.pdf 02/26/98 Bounsouay Thatsaphon v. Douglas Weber
U.S. Court of Appeals Case No. 97-1871
District of South Dakota
State Habeas; Thatsaphone's limited understanding of English did
not make non-custodial interrogation an "in custody" situation;
district court erred in concluding he was in custody and entitled
to Miranda warnings; statements to police were voluntary and
admissible.
972124P.pdf 02/26/98 Access Telecom. v. SW Bell Telephone
U.S. Court of Appeals Case No. 97-2124
Eastern District of Missouri
Telecommunications; District court correctly concluded FCC should
have primary jurisdiction in dispute over tariff for use of local
lines.
972637U.pdf 02/26/98 Arlie Nelson v. Federal Land Bank
U.S. Court of Appeals Case No. 97-2637
District of Nebraska
Dismissal for failure to state a claim affirmed without comment.
[ February 25, 1998 ]
963915P.pdf 02/25/98 Standard Heating v. Minnesota Mechanical
U.S. Court of Appeals Case No. 96-3915
District of Minnesota
Civil Procedure; Trade Associations did not have standing to
join contractors' suit challenging city licensing procedures;
contractors did not challenge any legally cognizable interest
of the association
964007U.pdf 02/25/98 Michael McCaslin v. Dale Radcliff
U.S. Court of Appeals Case No. 96-4007
District of Nebraska
No error in dismissing complaint for failure to prosecute
971781U.pdf 02/25/98 USA v. Michael B. Morris
U.S. Court of Appeals Case No. 97-1781
Northern District of Iowa
Sentencing Guidelines; Base offense level properly calculated
and no error in denying acceptance-of-responsibility reduction
971857P.pdf 02/25/98 Jerald R. Kiernan v. Piper Jaffray Co.
U.S. Court of Appeals Case No. 97-1857
District of Minnesota
Arbitration; Kiernan waived claims that arbitrator was biased or
had conflict of interest by proceeding with arbitration; Kiernan
voluntarily submitted all claims to arbitration; arbitrators did
not manifestly disregard law in their award
972138P.pdf 02/25/98 USA v. Kenneth J. Summers
U.S. Court of Appeals Case No. 97-2138
Southern District of Iowa
Criminal Law; Evidence supports conviction for using or carrying a
firearm; no material variation between indictment and proof;
evidence of prior bad acts properly admitted
972197P.pdf 02/25/98 Alexis M. Herman v. Timothy J. Schwent
U.S. Court of Appeals Case No. 97-2197
Eastern District of Missouri
ERISA; District court erred in finding company officer breached
his fiduciary duty in administering health plan by failing to sue
company for unpaid claims; law suit against company to recover
benefits would not have been prudent and evidence did not establish
such a suit would have netted any additional funds
972682P.pdf 02/25/98 United States v. James Mooring et al.
U.S. Court of Appeals Case No. 97-2682
Eastern District of Arkansas
Criminal Law; Barn was not within farmhouse's curtilage and
warrantless search was proper
972792P.pdf 02/25/98 USA v. Lorry Van Chase
U.S. Court of Appeals Case No. 97-2792
and No. 97-2794
District of North Dakota
Criminal Law; Evidence established assault within boundaries of the
reservation; no error in admitting evidence of criminal conduct off
reservation as it was part of a single course of conduct; no
prejudice from jurors' brief exposure to defendant in restraints;
court's questions regarding bias against Native Americans did not
constitute plain error; no Speedy Trial Act violation because of
continuances to test evidence
973211P.pdf 02/25/98 Planned Parenthood v. Steve E. Ehlmann
U.S. Court of Appeals Case No. 97-3211
and No. 97-4188
Western District of Missouri
Civil Procedure; Legislators who supported family planning
legislation found unconstitutional did not have standing to
intervene to support legislation; disagreement with executive
branch over litigation strategy does not amount to distortion
of legislative process or nullification which might support standing
981240U.pdf 02/25/98 Rick Lee Grove v. Bureau of Prisons
U.S. Court of Appeals Case No. 98-1240
District of Minnesota
Federal Habeas; Case remanded to Bureau of Prisons for calculation
of Grove's eligibility for a sentence reduction under 18 U.S.C.
Sec. 3621(e)(2)(b)
[ February 24, 1998 ]
971339P.pdf 02/24/98 Gerald Ellebracht v. Police Board
U.S. Court of Appeals Case No. 97-1339
Eastern District of Missouri
Civil Rights; Police Board's desire for additional personalized
information about candidates for promotion was rationally related
to Board's legitimate interest in choosing the best candidates and
their actions in obtaining information did not violate plaintiffs'
equal protection rights
971823P.pdf 02/24/98 Colonial Ins. Co. v. Spirco Environmental
U.S. Court of Appeals Case No. 97-1823
and No. 97-1971
and No. 97-1970
Eastern District of Missouri
Insurance; Failure to give insurer proper, timely notice precluded
coverage
[ February 23, 1998 ]
963231P.pdf 02/23/98 USA v. Jim Guy Tucker
U.S. Court of Appeals Case No. 96-3231
and No. 96-3270
Eastern District of Arkansas
EMERGENCY FILING - 4:00 p.m.
Evidence was sufficient to convict former governor of Arkansas on
conspiracy and mail fraud; claims of jury misconduct and evidentiary
error rejected with the exception of a claim that one juror may have
concealed bias.
963270P.pdf 02/23/98 USA v. Susan H. McDougal
U.S. Court of Appeals Case No. 96-3270
Eastern District of Arkansas
EMERGENCY FILING - 4:00 p.m.
Whitewater conviction affirmed; evidence sufficient to establish mail
fraud in SBA loan scam; other claims of trial error - instructional
error, evidentiary rulings, prosecutorial misconduct - rejected.
963506U.pdf 02/23/98 Jerry Ellis v. Larry Norris
U.S. Court of Appeals Case No. 96-3506
Eastern District of Arkansas
Prisoner Civil Rights; Defendants' verdict on claim plaintiff
had been deprived of meals during Ramadan affirmed without comment
971694U.pdf 02/23/98 Joseph A. May v. USA
U.S. Court of Appeals Case No. 97-1694
Western District of Missouri
Federal Tax; While IRS letters to taxpayer's patients requesting
information about payments violated nondisclosure statute, IRS
was entitled to good faith defense
971758U.pdf 02/23/98 Anthony Giaimo v. United States Govt.
U.S. Court of Appeals Case No. 97-1758
Eastern District of Missouri
Federal Tax; Plaintiffs received adequate notice of seizure and
sale to satisfy outstanding tax liability
972776U.pdf 02/23/98 United States v. A. Adaralegbe
U.S. Court of Appeals Case No. 97-2776
Southern District of Iowa
Criminal Law; Revocation of supervised release was supported by
preponderance of the evidence
[ February 20, 1998 ]
963074U.pdf 02/20/98 United States v. Joseph Anthony Petty
U.S. Court of Appeals Case No. 96-3074
Eastern District of Arkansas
Sentencing Guidelines; No abuse of discretion in denying motion to
reduce sentence based on U.S. Sentencing Guidelines Manual App. C,
Amend. 516 (Section 2D1.1(c))
971139P.pdf 02/20/98 Jessie Lee Wise v. Paul Delo
U.S. Court of Appeals Case No. 97-1139
Eastern District of Missouri
State Habeas; No error in permitting self-representation; waiver
of right to counsel was knowing and voluntary; discussion of
competency claims; sentencing procedures proper and death sentence
affirmed
971306U.pdf 02/20/98 Lem Williams, Jr. v. Garland Nelson
U.S. Court of Appeals Case No. 97-1306
Eastern District of Arkansas
Civil Rights; Dismissal of civil rights action based on parole
revocation affirmed without comment
972054U.pdf 02/20/98 St.Paul Fire &Marine v. George W. Dress
U.S. Court of Appeals Case No. 97-2054
District of Minnesota
Insurance; Coverage issue decision affirmed without comment
972253U.pdf 02/20/98 Joe A. Jacobson v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 97-2253
District of North Dakota
Social Security; Denial of disability benefits affirmed without
comment
972454U.pdf 02/20/98 Valorie Parten v. U.S. Air Force
U.S. Court of Appeals Case No. 97-2454
District of North Dakota
Right to Financial Privacy Act; Refusal to award punitive damages
for violations of Act affirmed without comment
972493U.pdf 02/20/98 Alan Rouse v. Mutch Oil Co.
U.S. Court of Appeals Case No. 97-2493
District of North Dakota
Defendant's summary judgment affirmed without comment
972690P.pdf 02/20/98 Alvin Coney v. Union Pacific RR
U.S. Court of Appeals Case No. 97-2690
Eastern District of Arkansas
Torts; Failure to appeal decision that plaintiff suffered no damages
foreclosed arguments based on partial summary judgment on
preemption issue
972696U.pdf 02/20/98 Mitchell Luskin v. State Farm Fire
U.S. Court of Appeals Case No. 97-2696
District of Minnesota
Insurance Law; Application of household exclusion in umbrella policy
affirmed without comment
972802U.pdf 02/20/98 Kent Laber v. Heritage Mutual Ins.
U.S. Court of Appeals Case No. 97-2802
District of North Dakota
Insurance Law; Underinsured motorist coverage decision affirmed
without comment
972804U.pdf 02/20/98 USA v. Arthur Lee Walls
U.S. Court of Appeals Case No. 97-2804
District of Minnesota
Sentencing Guidelines; Quantity calculations affirmed without comment
972816U.pdf 02/20/98 Kathy Casper v. DeSmet Farm Mutual
U.S. Court of Appeals Case No. 97-2816
District of South Dakota
Civil Rights; Finding plaintiff failed to make prima facie case of
disparate impact under Title 7 affirmed without comment
972907U.pdf 02/20/98 John Paul Martin v. Burma Jean Martin
U.S. Court of Appeals Case No. 97-2907
Eastern District of Arkansas
Bankruptcy; Denial of abandonment motion affirmed without comment
973147U.pdf 02/20/98 USA v. Victoria BobtailBear
U.S. Court of Appeals Case No. 97-3147
District of South Dakota
Criminal Law; Evidence sufficient to support assault conviction
973250U.pdf 02/20/98 USA v. Robert Sam Raisch
U.S. Court of Appeals Case No. 97-3250
District of South Dakota
Criminal Law; Conviction for assaulting federal officer affirmed
without comment
973452U.pdf 02/20/98 USA v. Edward Boler
U.S. Court of Appeals Case No. 97-3452
District of Minnesota
Criminal Law; Finding search of bag was consensual affirmed without
comment
[ February 19, 1998 ]
963496P.pdf 02/19/98 USA v. Ronald Mitchell
U.S. Court of Appeals Case No. 96-3496
Eastern District of Arkansas
Criminal Law; Evidence sufficient to establish all elements of bank
robbery; Government violated plea agreement by effectively opposing
its Section 5K1.1 motion; case remanded for resentencing.
971238U.pdf 02/19/98 Mark R. Treece v. City of Little Rock
U.S. Court of Appeals Case No. 97-1238
Eastern District of Arkansas
Fair Labor Standards Act; No error in reducing plaintiffs' request
for an award of attorneys' fees.
971499P.pdf 02/19/98 Charlotte J. Kraft v. Ingersoll-Rand Co.
U.S. Court of Appeals Case No. 97-1499
and No. 97-1503
District of Minnesota
Torts; District court erred in finding plaintiff had primarily
assumed risk of injury by industrial machine in sugar beet plant.
972210P.pdf 02/19/98 In re: US Currency v.
U.S. Court of Appeals Case No. 97-2210
Western District of Missouri
Forfeiture; Failure to properly contest forfeiture in administrative
proceeding precluded Rule 41(e) challenge.
976100P.pdf 02/19/98 Grace M. Forbes v. Russell C. Forbes
U.S. Bankruptcy Court Case No. 97-6100
Eastern District of Missouri
Discharge rendered pending motion to dismiss moot.
981199U.pdf 02/19/98 Boyd & Rita Critel v. Curtis H. Evans
U.S. Court of Appeals Case No. 98-1199
District of Nebraska
Dismissal for failure to comply with Fed. R. Civ. P. 8(a)(2)
affirmed without comment.
986012P.pdf 02/19/98 Richard D. Raymon v. IRS
U.S. Bankruptcy Court Case No. 98-6012
Northern District of Iowa
Notice of appeal was untimely; request to extend time for filing
notice of appeal was untimely and record failed to show excusable
neglect required to permit court to grant untimely motion.
[ February 18, 1998 ]
971211P.pdf 02/18/98 United States v. Jeremiah Jacobs
U.S. Court of Appeals Case No. 97-1211
Western District of Missouri
Challenge to resentence following vacation of firearm conviction.
Held: District court erred in enhancing drug conviction because it
failed to consider an amendment to the guidelines concerning
marijuana amount. Sentence vacated.
972831P.pdf 02/18/98 United States v. John M. Eagle
U.S. Court of Appeals Case No. 97-2831
District of South Dakota
Challenge to conviction for aggravated sexual abuse of a child.
Held: Evidence sufficiently supported jury verdict and district court
did not err in admitting evidence of past conviction of sexually
abusing a minor. Affirmed
[ February 17, 1998 ]
971442U.pdf 02/17/98 Charles A. Trobaugh v. State of Iowa
U.S. Court of Appeals Case No. 97-1442
Southern District of Iowa
Writ of coram nobis cannot be used to collaterally attack a state
court conviction.
[ February 13, 1998 ]
963980P.pdf 02/13/98 Jeffrey A. Massick v. N. Central
U.S. Court of Appeals Case No. 96-3980
Northern District of Iowa
Challenge to dismissal of civil rights complaint alleging Eighth
Amendment violations based on prisoner's placement in cell with
HIV positive inmate.
Held: District court properly dismissed complaint where prison
officials were entitled to qualified immunity.
972852U.pdf 02/13/98 Barbara J. Barth v. RRRB
U.S. Court of Appeals Case No. 97-2852
Summary affirmance of limitations on retirement benefits based on
statutory formula.
[ February 12, 1998 ]
963266P.pdf 02/12/98 Vicki Grabinski v. Blue Springs Ford
U.S. Court of Appeals Case No. 96-3266
and No. 96-3457
Western District of Missouri
Challenges to jury award for violations of Missouri Merchandising
Practices Act. Held: Award of actual damages based on liability
affirmed but punitive damages award vacated on excessiveness grounds.
Affirmed in part, reversed in part.
972254P.pdf 02/12/98 United States v. Dico, Inc.
U.S. Court of Appeals Case No. 97-2254
Southern District of Iowa
Challenge to grant of Summary judgment on government's claim to
recover cleanup costs. Held: District court erred in granting
summary judgment where genuine issues of fact exist whether company
caused groundwater contamination. Reversed in part affirmed in part.
972460U.pdf 02/12/98 Robert Rousseau v. MO Mental Health
U.S. Court of Appeals Case No. 97-2460
Western District of Missouri
Summary affirmance of dismissal of civil rights claim for failure
to state a claim.
972465U.pdf 02/12/98 John Hartney v. Marvin Runyon
U.S. Court of Appeals Case No. 97-2465
Southern District of Iowa
Summary affirmance of grant of summary judgment to employer in
disability discrimination action.
973198P.pdf 02/12/98 United States v. Edmond Clyde Sample
U.S. Court of Appeals Case No. 97-3198
Eastern District of Arkansas
Challenge to conviction of being a felon in possession of a firearm.
Held: District court properly denied suppression motion and evidence
sufficiently supported his conviction. Affirmed.
973621U.pdf 02/12/98 USA v. Roland Rogers
U.S. Court of Appeals Case No. 97-3621
Eastern District of Missouri
Summary affirmance of sentence imposed after crack cocaine conviction.
[ February 11, 1998 ]
971080U.pdf 02/11/98 Mamie Mullins v. Helena Hospital
U.S. Court of Appeals Case No. 97-1080
Eastern District of Arkansas
Jury verdict for employer upheld in race discrimination case; no
abuse of discretion in admitting evidence.
971456P.pdf 02/11/98 Double D Spotting v. Supervalu
U.S. Court of Appeals Case No. 97-1456
Southern District of Iowa
District court's dismissal of antitrust action for failure to state
a claim reversed in part and affirmed in part.
971616P.pdf 02/11/98 Western IA Farms Co. v. First Savings Bank
U.S. Court of Appeals Case No. 97-1616
District of Nebraska
Judgment affirmed in favor of a bank that paid checks with forged
endorsements; bank acted in a commercially reasonable manner in
processing the checks.
972013U.pdf 02/11/98 William W. Swanson v. Frank Wood
U.S. Court of Appeals Case No. 97-2013
District of Minnesota
Denial of petition for writ of habeas corpus filed under 28 U.S.C.
section 2254 affirmed without comment.
972732U.pdf 02/11/98 David Hackett v. Commissioner IRS
U.S. Court of Appeals Case No. 97-2732
Tax court decision affirmed without comment.
973006U.pdf 02/11/98 Kenneth Huls v. Don Davis
U.S. Court of Appeals Case No. 97-3006
District of Minnesota
EMERGENCY FILING - FEBRUARY 11, 1998 - 4:30 p.m.
973494U.pdf 02/11/98 USA v. Rickie Perkins
U.S. Court of Appeals Case No. 97-3494
Northern District of Iowa
District court's sentence of defendant on revocation of supervised
release affirmed.
[ February 10, 1998 ]
963985U.pdf 02/10/98 Paul Oldham v. Togo D. West, Jr.
U.S. Court of Appeals Case No. 96-3985
Eastern District of Missouri
Affirmance of verdict in favor of employer in discrimination action.
971204P.pdf 02/10/98 United States v. Terrick A. Williams
U.S. Court of Appeals Case No. 97-1204
Eastern District of Missouri
Challenge to convictions for carjacking, firearm use and firearm
possession. Held: Evidence sufficiently supported convictions.
Affirmed
972192P.pdf 02/10/98 PVI v. ratiopharm GmbH
U.S. Court of Appeals Case No. 97-2192
Western District of Missouri
Challenge to denial of confirmation of arbitration award in breach
of contract action. Held: District court did not err in denying
confirmation because Federal Arbitration Act is unavailable under
these circumstances. Affirmed
972429U.pdf 02/10/98 USA v. Aloysius Red Bird
U.S. Court of Appeals Case No. 97-2429
District of South Dakota
Appeal of conviction for aggravated sexual abuse dismissed based
on appellant's waiver contained in plea agreement.
972651P.pdf 02/10/98 United States v. Byron James Miller
U.S. Court of Appeals Case No. 97-2651
Eastern District of Missouri
Challenge to conviction for conspiracy to possess with intent to
distribute crack cocaine. Held: District court did not err in
restricting cross-examination of informant or denying mistrial
motion. Affirmed
972912U.pdf 02/10/98 Richard King v. City of Columbia
U.S. Court of Appeals Case No. 97-2912
Western District of Missouri
Summary affirmance of dismissal of civil rights action.
973265U.pdf 02/10/98 USA v. Roy C. Bowens
U.S. Court of Appeals Case No. 97-3265
Eastern District of Missouri
Summary affirmance of denial of motion to vacate firearm conviction.
973468U.pdf 02/10/98 USA v. Terrance Nelson
U.S. Court of Appeals Case No. 97-3468
District of North Dakota
Challenge to conviction for drug and firearm possession. Held:
District court properly rejected motion to withdraw guilty plea,
Affirmed
973565U.pdf 02/10/98 United States v. Darren Terrel Davis
U.S. Court of Appeals Case No. 97-3565
Eastern District of Missouri
Challenge to sentence after pleading guilty to cocaine possession.
Held: District court did not err in denying downward departure
motion and enhancing sentence due to career-offender provision
Affirmed
981128U.pdf 02/10/98 Martin R. Stacy v. United States
U.S. Court of Appeals Case No. 98-1128
District of Nebraska
Summary affirmance of dismissal of lawsuit for failure to state
a claim.
[ February 09, 1998 ]
971873P.pdf 02/09/98 US ex rel. Steele v. Turn Key Gaming
U.S. Court of Appeals Case No. 97-1873
District of South Dakota
Indian Law; District court erred in finding Tribe was a necessary
party to qui tam suit challenging gaming company's gambling
contracts declared void because Tribe's position was the same as
the plaintiffs.
972314U.pdf 02/09/98 Tandem Products v. New Hampshire Ins.
U.S. Court of Appeals Case No. 97-2314
District of Minnesota
Insurance Law; District court's interpretation of coverage
provisions affirmed without comment.
973108U.pdf 02/09/98 USA v. Leo G. Willis
U.S. Court of Appeals Case No. 97-3108
Western District of Missouri
Sentencing Guidelines; Criminal history properly calculated.
[ February 06, 1998 ]
963892U.pdf 02/06/98 Stiletto Luciano v. Walter Sass, Lt.
U.S. Court of Appeals Case No. 96-3892
District of Minnesota
Prisoner Civil Rights; Defendant's summary judgment affirmed
without comment.
971256U.pdf 02/06/98 Stiletto Luciano v. Walter Sass
U.S. Court of Appeals Case No. 97-1256
District of Minnesota
Prisoner Civil Rights; Defendant's summary judgment affirmed
without comment.
971286U.pdf 02/06/98 Michael Williams v. Correctional Medical
U.S. Court of Appeals Case No. 97-1286
Eastern District of Missouri
Prisoner Civil Rights; Dismissal of deliberate indifference to
medical needs claim affirmed without comment.
971315U.pdf 02/06/98 United States v. Brent L. Mosley
U.S. Court of Appeals Case No. 97-1315
Eastern District of Arkansas
Criminal Law; Evidence sufficient to establish carjacking and
firearms offenses; Hobbs Act is constitutional as applied to
robbery of a commercial establishment.
971396P.pdf 02/06/98 Stockmen's Livestock v. Norwest Bank
U.S. Court of Appeals Case No. 97-1396
and No. 97-1397
District of South Dakota
Conversion; Plaintiff could not establish an ownership or possessory
interest in cattle broker's bank account at the time bank allegedly
converted plaintiff's funds and claim for conversion must fail;
claims for collateral estoppel and statutory deceit rejected; claim
for common law fraud affirmed in part; punitive damage award reduced.
971645P.pdf 02/06/98 Steven Parkus v. Paul Delo
U.S. Court of Appeals Case No. 97-1645
Eastern District of Missouri
Prisoner Civil Rights; Jury instructions on Eighth Amendment claims
were correct; maliciously and sadistically were properly defined;
administrative agency findings on officer's actions were not
entitled to collateral estoppel effect since the issues in the
agency's proceeding were not the same.
971668P.pdf 02/06/98 United States v. John Bradford Bond
U.S. Court of Appeals Case No. 97-1668
Western District of Missouri
Criminal Law; Plea is not rendered involuntary because defense
counsel made an erroneous estimate of the guideline range; no
error in imposing enhancement for leadership role in offense.
972322P.pdf 02/06/98 John Ashley Magee v. Exxon Corp.
U.S. Court of Appeals Case No. 97-2322
Eastern District of Arkansas
Civil Procedure; Case was improperly removed because there was
neither diversity nor a federal-law claim; fact that Truth in
Lending Act defense may be asserted does not create federal
jurisdiction since Act does not create complete preemptive
federal jurisdiction.
973134U.pdf 02/06/98 Christopher Meints v. Clair Stone
U.S. Court of Appeals Case No. 97-3134
District of Nebraska
Federal Tax; Dismissal for failure to state a claim affirmed
without comment.
[ February 05, 1998 ]
971123P.pdf 02/05/98 Billy Joe Tyler v. James W. Murphy
U.S. Court of Appeals Case No. 97-1123
Eastern District of Missouri
Prisoner Civil Rights; Order denying a motion to dissolve an
injunction is appealable; district court order limiting number
of technical probation violators which could be held at St. Louis
City jail violated the Prison Litigation Reform Act; case remanded
for further proceedings on application of PLRA.
971577U.pdf 02/05/98 Kim M. Ulwelling v. Dick Wehner Crane
U.S. Court of Appeals Case No. 97-1577
and No. 97-1727
District of Minnesota
Bankruptcy; When state court vacated debtor's probation and
incarcerated her, it did not vacate the restitution order which
was part of her original sentence; restitution was not dischargeable
in Chapter 13.
972380P.pdf 02/05/98 United States v. Ricky Coppedge
U.S. Court of Appeals Case No. 97-2380
Eastern District of Missouri
Sentencing Guidelines; Extent of district court departure is
unreviewable because defendant did not challenge his sentence
based on any criteria listed in 18 U.S.C. Section 3742(a).
972634U.pdf 02/05/98 Larry Joe Richards v. Donna Shalala
U.S. Court of Appeals Case No. 97-2634
Western District of Missouri
Social Security; Federal court may not review refusal to reopen
disability claim, absent a colorable constitutional challenge.
972837P.pdf 02/05/98 USA v. Elbert Myron Riebold
U.S. Court of Appeals Case No. 97-2837
Western District of Missouri
Criminal Law; No error in admitting prior fraud convictions in
prosecution for wire fraud under res gestae theory; claim of
prosecutorial misconduct rejected; government's conspiracy proof
was consistent with single conspiracy charge; restitution order
affirmed even though district court did not make any findings
regarding ability to pay the $2.6 million.
973405P.pdf 02/05/98 United States v. Tony Cornelius Best
U.S. Court of Appeals Case No. 97-3405
Eastern District of Arkansas
Criminal Law; Search of door panel exceeded scope of permissible
inventory search; case remanded for further inquiry on defendant's
standing.
973722U.pdf 02/05/98 United States v. Ronald Ray Pollard
U.S. Court of Appeals Case No. 97-3722
Eastern District of Missouri
Criminal Law; Congress may criminalize possession of a firearm by
a felon.
[ February 04, 1998 ]
971623U.pdf 02/04/98 United States v. Howard Andrew Brewer
U.S. Court of Appeals Case No. 97-1623
Southern District of Iowa
Criminal Law; Drug convictions affirmed without comment.
971885U.pdf 02/04/98 African-American v. State of MO
U.S. Court of Appeals Case No. 97-1885
Eastern District of Missouri
Voting Law; District court decision rejecting attack on provisions
for selection of Missouri judges rejected without comment.
972363U.pdf 02/04/98 Charles Crawford v. Teresa Kaiser
U.S. Court of Appeals Case No. 97-2363
Western District of Missouri
Civil Rights; Challenge to administrative modification of child-
support obligation rejected without comment.
986003P.pdf 02/04/98 West Pointe Ltd. v. GP 19
U.S. Bankruptcy Court Case No. 98-6003
and No. 98-6009
and No. 98-6008
and No. 98-6007
and No. 98-6006
and No. 98-6005
Eastern District of Missouri
Where district court returned jurisdiction over remanded action,
new appeal should be transferred to the district court.
[ February 03, 1998 ]
962989P.pdf 02/03/98 Matthew D. Rodgers v. Curators Univ. of MO
U.S. Court of Appeals Case No. 96-2989
Western District of Missouri
Civil Procedure; No error in dismissing action for failure to
prosecute or in awarding defendants' attorneys' fees request.
964278U.pdf 02/03/98 USA v. Pablo M. Collins
U.S. Court of Appeals Case No. 96-4278
Eastern District of Missouri
Criminal Case; Conviction affirmed without comment.
971188U.pdf 02/03/98 Howard Wayne Jones v. Larry Norris
U.S. Court of Appeals Case No. 97-1188
Eastern District of Arkansas
State Habeas; Claim of parole eligibility rejected without comment.
971403P.pdf 02/03/98 Paul J. Dubach v. George H. Weitzel
U.S. Court of Appeals Case No. 97-1403
Northern District of Iowa
Securities Law; A certificate of deposit was not a security for
purposes of the Securities Exchange Act of 1933; request to amend
pleadings to correct improper pleading of diversity jurisdiction
denied.
972504U.pdf 02/03/98 John C. Perry v. Ford Motor Co.
U.S. Court of Appeals Case No. 97-2504
Eastern District of Missouri
Civil Rights; Defendant's summary judgment affirmed without comment.
[ February 02, 1998 ]
971287P.pdf 02/02/98 United States v. Fernando Diaz-Diaz
U.S. Court of Appeals Case No. 97-1287
and No. 97-1491
District of Minnesota
Criminal Law; Evidence sufficient to establish illegal reentry by
a previously deported alien; deportation does not moot Government's
appeal on downward departure; no error in granting downward departure
on these facts.
971653P.pdf 02/02/98 Brittany Lelm v. Mayo Foundation
U.S. Court of Appeals Case No. 97-1653
District of Minnesota
Torts; Minnesota statute of limitations covering medical
malpractice claims by infants analyzed.
972428P.pdf 02/02/98 Franklin Mange v. Petrolite Corp.
U.S. Court of Appeals Case No. 97-2428
Eastern District of Missouri
ERISA; Employees' waiver involuntary separation plan covered
claim to accrued vacation benefits.
972470U.pdf 02/02/98 Joseph W. Marti, Jr. v. Grey Eagle
U.S. Court of Appeals Case No. 97-2470
Eastern District of Missouri
Civil Procedure; No abuse of discretion in granting motion to
reconsider previous motion to add additional plaintiffs.
972644P.pdf 02/02/98 United States v. Darnell Lecato Burks
U.S. Court of Appeals Case No. 97-2644
Eastern District of Arkansas
Criminal Law; Evidence sufficient to support conviction for
attempted possession of cocaine.
974394U.pdf 02/02/98 Allison G. Ghylin v. William Clinton
U.S. Court of Appeals Case No. 97-4394
District of North Dakota
Dismissal for lack of jurisdiction affirmed without comment.