[ March 29, 1996 ]


944030P.pdf 03/29/96 Steven L. Toney v. James A. Gammon U.S. Court of Appeals Case No. 94-4030 Eastern District of Missouri State habeas - District court erred in denying prisoner an evidentiary hearing on his ineffective assistance of counsel claims. 952014P.pdf 03/29/96 Shelly Marie Ott v. City of Champlin U.S. Court of Appeals Case No. 95-2014 District of Minnesota Civil rights - Factual issues related to police officers' actions in restraining plaintiff precluded summary judgment on qualified immunity defense under Minnesota Human Rights Act. 952701U.pdf 03/29/96 Renardo J. Boyd, Sr. v. Centers for Youth U.S. Court of Appeals Case No. 95-2701 Eastern District of Arkansas Civil rights - Defendant's summary judgment in employment discrimination case affirmed without comment. 953401U.pdf 03/29/96 Steven L. King v. Burlington Northern U.S. Court of Appeals Case No. 95-3401 District of Nebraska FELA - FELA instructions on employer railroad's duties were correct. 953644U.pdf 03/29/96 Richard L. Holland v. John Ault U.S. Court of Appeals Case No. 95-3644 Southern District of Iowa State habeas - Denial of writ affirmed without comment. [ March 28, 1996 ]

951056U.pdf 03/28/96 Ray Gene Stout v. United States U.S. Court of Appeals Case No. 95-1056 Eastern District of Missouri Federal habeas - Denial of writ application affirmed without comment. 952335U.pdf 03/28/96 Arthur Ode v. Irvin Omtdevt U.S. Court of Appeals Case No. 95-2355 District of Nebraska Employment law - Judgment in favor of defendants in termination case affirmed without comment. [ March 27, 1996 ]

951254U.pdf 03/27/96 USA v. Lamarr Love U.S. Court of Appeals Case No. 95-1254 Northern District of Iowa Criminal law - Challenges to admission of audio tapes and cross- examination rejected. 951602P.pdf 03/27/96 Diana K. Sherlock v. Quality Control U.S. Court of Appeals Case No. 95-1602 Western District of Missouri Personal injury - There was sufficient evidence to support plaintiffs verdict in industrial accident personal injury case; jury instructions on corporate successor liability correct. 951742P.pdf 03/27/96 Harold Chakales v. CIR U.S. Court of Appeals Case No. 95-1742 Federal tax - Penalty for negligent under payment of taxes affirmed; taxpayer failed to meet his burden of establishing he acted with due care. 952084P.pdf 03/27/96 Duane D. Paisley v. City of Minneapolis U.S. Court of Appeals Case No. 95-2084 and No. 95-2177 and No. 95-2175 District of Minnesota Employment law - Plaintiff waived any reemployment rights he may have had under the Veterans' Reemployment Rights Act by resigning his position. 952345U.pdf 03/27/96 Marlowe T. Price v. Vincent Edwards U.S. Court of Appeals Case No. 95-2345 Eastern District of Missouri Civil rights - Plaintiff who claimed arresting officers failed to provide required care could not establish a claim because he failed to produce any medical evidence that few hour delay caused any detrimental effects. 952396U.pdf 03/27/96 Scott Nielsen v. Trans World Airlines U.S. Court of Appeals Case No. 95-2396 and No. 95-2567 Western District of Missouri ERISA - Verdict for TWA on pilot's ERISA claims affirmed without comment. 952499U.pdf 03/27/96 Rick Eugene Impola v. United States U.S. Court of Appeals Case No. 95-2499 District of Minnesota Federal habeas - Prior civil forfeiture did not present double jeopardy bar to criminal conviction because forfeiture and prosecution were different aspects of single prosecution. 952559U.pdf 03/27/96 Petri R. Carmen v. Mayo Foundation U.S. Court of Appeals Case No. 95-2559 District of Minnesota Medical malpractice - Expert testimony was required by Minnesota law in order for plaintiffs to establish their medical malpractice claim and their failure to comply with law's expert witness procedures compelled dismissal. 952573U.pdf 03/27/96 Wallace Suko v. Shirley Chater U.S. Court of Appeals Case No. 95-2573 District of North Dakota Social security - Denial of benefits affirmed without comment. 952648U.pdf 03/27/96 Kevin Lamont Evans v. City of Columbia U.S. Court of Appeals Case No. 95-2648 Western District of Missouri Prisoner civil rights - Section 1983 claim that officers used wrong procedures is cognizable. [ March 26, 1996 ]

951600P.pdf 03/26/96 L. Russell Alberts v. Bd. of Regents U.S. Court of Appeals Case No. 95-1600 District of Nebraska Civil rights - Assistant Professors holding specific term tenure track positions had no property interests in their non-tenured appointments; claim that failure to provide tenure-related information was a denial of equal protection failed to show unlawful, purposeful discrimination. 951883P.pdf 03/26/96 Stephen N. Joyner v. Glen A. Forney U.S. Court of Appeals Case No. 95-1883 District of Nebraska Personal injury - Nebraska statute of limitations barred action based on medical negligence; plaintiff's failure to consult a doctor within one year of unsuccessful operation was unreasonable. 952732U.pdf 03/26/96 Leroy Bear Robe v. Alliance Schools U.S. Court of Appeals Case No. 95-2732 District of Nebraska Civil rights - Defendants' judgment in employment discrimination case affirmed without comment. 961449U.pdf 03/26/96 State of Minnesota v. Richard W. Bullock U.S. Court of Appeals Case No. 96-1449 District of Minnesota Civil procedure - Sanction for filing frivolous removal notice affirmed without comment. [ March 25, 1996 ]

952132P.pdf 03/25/96 USA v. Allen McKinney U.S. Court of Appeals Case No. 95-2132 District of Minnesota Criminal law - Statute dealing with analogue drugs is not unconstitutionally vague; defendant had reasonable notice that analogue drugs he was selling were substantially similar to prohibited drugs. 952186U.pdf 03/25/96 United States v. Ronald G. Garcia U.S. Court of Appeals Case No. 95-2186 Western District of Missouri Criminal law - Gun count vacated under Bailey. 952697P.pdf 03/25/96 United States v. William E. Eneff U.S. Court of Appeals Case No. 95-2697 Northern District of Iowa Criminal law - Evidence supported drug conspiracy conviction. [ March 22, 1996 ]

951376P.pdf 03/22/96 Doerfer Engineering v. NLRB U.S. Court of Appeals Case No. 95-1376 and No. 95-1581 Labor law - Labor Board should have defered to arbitrator's decision regarding employees' use of company property; union agreed to be bound by decision and cannot now complain arbitrator lacked authority to determine the issue just because is lost on the merit. 953359U.pdf 03/22/96 United States v. Woody's RV Sales U.S. Court of Appeals Case No. 95-3359 Eastern District of Arkansas Property law - At time federal tax lien was filed against a yacht, appellants' debtor had an ownership interest in the yacht. 953985U.pdf 03/22/96 United States v. Cheryl Stone U.S. Court of Appeals Case No. 95-3985 District of Minnesota Sentencing guidelines - When transcript reveals district court was aware of its authority to depart, court cannot review discretionary decision not to depart; disparity between co-defendants' sentences is not a basis for a departure. [ March 21, 1996 ]

943780P.pdf 03/21/96 Tri-State Hotels v. FDIC U.S. Court of Appeals Case No. 94-3780 Western District of Missouri Administrative law - Adminstrative review of claims against FDIC is a prerequisite to judicial review. 953130U.pdf 03/21/96 Barbara Burns v. AON Corp. U.S. Court of Appeals Case No. 95-3130 District of Minnesota Civil procedure - No error in dismissing complaint for failure to prosecute. [ March 20, 1996 ]

951260P.pdf 03/20/96 Jeffrey K. Ragland v. Thomas E. Hundley U.S. Court of Appeals Case No. 95-1260 Southern District of Iowa State habeas - Iowa felony murder law examined and applied to felony murder involving willful injury as underlying offense. 952489U.pdf 03/20/96 Bjorn Rydder v. Susan Rydder U.S. Court of Appeals Case No. 95-2489 Southern District of Iowa Attorneys' fees - Fee award reduced in accordance with prior decision in the matter. [ March 19, 1996 ]

951686U.pdf 03/19/96 USA v. Todd Flann U.S. Court of Appeals Case No. 95-1686 District of Minnesota Criminal law - Jeopardy does not attach when defendant does not contest the civil forfeiture of his property by filing a claim; filing of a petition for remission is not sufficient. 952127P.pdf 03/19/96 Hardwick Airmasters v. Lennox Industries U.S. Court of Appeals Case No. 95-2127 Eastern District of Arkansas Copyright - Failure to make reasonable efforts to include copyright notice deprive materials or protection; claim to copyright, however, was not for an improper purpose, and district court did not err in refusing to award attorneys' fees. 953010U.pdf 03/19/96 Allen Coo v. United States U.S. Court of Appeals Case No. 95-3010 Eastern District of Missouri Federal habeas - Denial of writ affirmed without comment. 953658U.pdf 03/19/96 United States v. Carlton McIntosh U.S. Court of Appeals Case No. 95-3658 Eastern District of Missouri Criminal law - Government proved violation of a provision of supervised release by a preponderance of the evidence. [ March 18, 1996 ]

952611P.pdf 03/18/96 Thomas H. Shaw, Jr. v. HCA Health Services U.S. Court of Appeals Case No. 95-2611 Eastern District of Arkansas Civil rights - Evidence supported finding of age discrimination; jury could find stated grounds for discharge were pretexts. 952727U.pdf 03/18/96 United States v. Ewen P. Barnett U.S. Court of Appeals Case No. 95-2727 Eastern District of Missouri Sentencing guidelines - Offense level properly calculated; cocaine/crack distinction is not unconstitutional. 953428P.pdf 03/18/96 United States v. Gary D. Anderson U.S. Court of Appeals Case No. 95-3428 Eastern District of Arkansas Criminal law - Evidence sufficient to support conviction for possession of firearm. [ March 15, 1996 ]

951864P.pdf 03/15/96 Donald A. Slather v. Sather Trucking U.S. Court of Appeals Case No. 95-1864 and No. 95-2003 District of Minnesota District court properly instructed jury on business judgment in age discrimination case. 952421P.pdf 03/15/96 United States v. Eugene Fitzhugh U.S. Court of Appeals Case No. 95-2421 and No. 95-3282 and No. 95-3279 Eastern District of Arkansas Whitewater conviction affirmed; no abuse of discretion in denying motion to withdraw guilty plea; court erred, however in basing sentence on face amount of loan rather than on the value of the benefit conferred by the loan. 953268P.pdf 03/15/96 United States v. Jim Guy Tucker U.S. Court of Appeals Case No. 95-3268 Eastern District of Arkansas District court erred in concluding office of Independent Counsel lacked jurisdiction to bring tax and bankruptcy fraud charges against Arkansas governor and others; indictment reinstated and district court directed to assign the case to a different district judge. 953279P.pdf 03/15/96 In Re: Grand Jury U.S. Court of Appeals Case No. 95-3279 and No. 95-3282 Eastern District of Arkansas District court properly refused to quash grand jury subpoenas issued by office of Independent Counsel and did not err in holding subpoenaed parties in contempt. [ March 14, 1996 ]

952409P.pdf 03/14/96 Dianna Disesa v. St. Louis Community U.S. Court of Appeals Case No. 95-2409 Eastern District of Missouri Judgment for defendants on claim failing nursing student was denied due process affirmed. 952660P.pdf 03/14/96 Judy L. Fox v. T-H Continental U.S. Court of Appeals Case No. 95-2660 District of Minnesota Plaintiff failed to establish elements of promissory estoppel in termination of employment action. 953162P.pdf 03/14/96 USA v. Jesus Mendoza-Alvarez U.S. Court of Appeals Case No. 95-3162 Southern District of Iowa Court erred in imposing four level enhancement for illegal reentry following deportation; there was no evidence that defendant was ever deported following a 1987 conviction. [ March 13, 1996 ]

943635U.pdf 03/13/96 United States v. Artison-Koenning U.S. Court of Appeals Case No. 94-3635 District of Minnesota When district court is aware of its authority to depart but decides not to, refusal is not reviewable on appeal; no error is denying minor participant or acceptance of responsibility reductions. 951389P.pdf 03/13/96 Beverly CA Corp. v. Donna Shalala U.S. Court of Appeals Case No. 95-1389 Western District of Arkansas Termination of plaintiff nursing home's status as a Medicaid vendor was based on valid survey procedures; decertification was based on substantial evidence. 951868P.pdf 03/13/96 United States v. Enrique Martinez U.S. Court of Appeals Case No. 95-1868 District of North Dakota Probable cause existed for warrantless search of vehicle. 952616P.pdf 03/13/96 Carl Dwayne Prince v. Roger V. Endell U.S. Court of Appeals Case No. 95-2616 Eastern District of Arkansas Gender based differences in privileges were based on legitimate safety concerns; no violation of equal protection was established. 953302U.pdf 03/13/96 Estate of John Doe v. American Assoc. U.S. Court of Appeals Case No. 95-3302 Southern District of Iowa Iowa's two-year statute of limitations barred action for AIDS-tanted transfusion; period began to run when plaintiff became aware of facts which would cause a reasonable prudent person to begin seeking information about a problem and its cause. [ March 12, 1996 ]

951337U.pdf 03/12/96 Everett C. Conley v. David Hunter U.S. Court of Appeals Case No. 95-1337 Eastern District of Arkansas Evidence supported findings defendants did not disregard any known risk to plaintiff's safety. 951494P.pdf 03/12/96 Sandra Barry v. Charles L. Barry U.S. Court of Appeals Case No. 95-1494 District of Minnesota Genuine issue of material fact existed as to whether plaintiff could have discovered fraud with reasonable diligence, and district court erred in granting summary judgment. 951900P.pdf 03/12/96 Michael A. Garrett v. United States U.S. Court of Appeals Case No. 95-1900 Western District of Missouri Claims of ineffective assistance of counsel rejected. 951975U.pdf 03/12/96 Joshua Bldg. Trust v. Kimberly Clementi U.S. Court of Appeals Case No. 95-1975 Western District of Missouri A non-lawyer trustee may not represent & trust pro se in federal court. 952205U.pdf 03/12/96 Eric Hart v. James D. Purkett U.S. Court of Appeals Case No. 95-2205 Eastern District of Missouri No error in finding claims were procedurally barred by prisoner's failure to file a state court post-conviction proceeding. 952218P.pdf 03/12/96 United States v. Barney L. Sandow U.S. Court of Appeals Case No. 95-2218 Eastern District of Missouri No error in admitting evidence of civil judgments and a tax lien entered against defendant or that his insurance broker's license had been suspended; loss to victims properly computer; no error in denying reduction for acceptance of responsibility. 952237U.pdf 03/12/96 Gerald L. Brumley v. Dept. of Labor U.S. Court of Appeals Case No. 95-2237 Eastern District of Arkansas Privacy Act's two-year statute of limitation barred action. 952426P.pdf 03/12/96 Jonathan D. Brown v. United Missouri Bank U.S. Court of Appeals Case No. 95-2426 Western District of Missouri District court erred in granting summary judgment for defendants on plaintiff's claims trust-maker was not competent; factual issues also existed as to whether fiduciary breaded its duty; court also erred in concluding claims were equitable rather than legal and in denying a jury trial. 952585U.pdf 03/12/96 Nicholas S. Smith v. Teamsters Local U.S. Court of Appeals Case No. 95-2585 Eastern District of Missouri Union judgment on unfair representation claim affirmed without comment. 952620U.pdf 03/12/96 Keith Brown v. Neadis Bost U.S. Court of Appeals Case No. 95-2620 Western District of Arkansas Municipal judge was entitled to judicial immunity for his action in signing an arrest warrant. 952628U.pdf 03/12/96 Richard Roe v. Paul K. Delo U.S. Court of Appeals Case No. 95-2628 Eastern District of Missouri Retaliatory discipline claim must fail in absence of evidence of prior or pending litigation or grievance against any of the defendants. 952680U.pdf 03/12/96 Cecil Johnson, Jr. v. Joe Class U.S. Court of Appeals Case No. 95-2680 District of South Dakota Claims of ineffective assistance of counsel affirmed without comment. 952749P.pdf 03/12/96 Donald C. Anton v. Carol P. Getty U.S. Court of Appeals Case No. 95-2749 Eastern District of Missouri Probation officers were entitled to absolute immunity and bureau of prisons officials qualified immunity on claim they improperly delayed plaintiff's release date. 953014U.pdf 03/12/96 Marie Woolfolk v. Darren Smith U.S. Court of Appeals Case No. 95-3014 Eastern District of Arkansas Officer's appeal of denial of qualified immunity based motion for summary judgment was not appropriate for interlocutory appeal; city's appeal from denial of motion for summary judgment on failure to train claim was not sufficiently linked with officer's appeal and must be dismissed for lack of jurisdiction. 953095U.pdf 03/12/96 Cloverleaf v. McDonald's Corp. U.S. Court of Appeals Case No. 95-3095 Eastern District of Missouri No error in admitting parol evidence to clarify leave provision. 953132U.pdf 03/12/96 Orlando Briscoe v. James A. Gammon U.S. Court of Appeals Case No. 95-3132 Eastern District of Missouri Denial of writ application affirmed without comment. [ March 11, 1996 ]

951287U.pdf 03/11/96 Dodson, Inc. v. Inalene Lewis U.S. Court of Appeals Case No. 95-1287 Western District of Arkansas Insurance law - Distribution of insurance proceeds to FmHA affirmed without comment. 952060P.pdf 03/11/96 Koch Engineering Co. v. Gibralter Casualty U.S. Court of Appeals Case No. 95-2060 Eastern District of Missouri Insurance law - While defective manufacture of filtration system was an occurrence under the insured's policy, the policy excluded coverage for the portion of the system where the occurrence took place. 952144P.pdf 03/11/96 James Gibson v. Michael Bowersox U.S. Court of Appeals Case No. 95-2144 Eastern District of Missouri State habeas - Testing of sample of drug is sufficient to establish nature of whole amount of drug seized; no Batson violation established. 952247U.pdf 03/11/96 United States v. Willie B. Taylor U.S. Court of Appeals Case No. 95-2247 Southern District of Iowa Sentencing guidelines - No error in drug quantity calculations; any objection was waived by plea agreement. 952256U.pdf 03/11/96 Larry Friar v. Larry Norris U.S. Court of Appeals Case No. 95-2256 Eastern District of Arkansas State habeas - Denial of writ affirmed without comment. 952464U.pdf 03/11/96 USA v. Robert Campbell U.S. Court of Appeals Case No. 95-2464 District of Minnesota Sentencing guidelines - Defendant may be entitled to sentence based on newly-lowered sentencing range. 952524U.pdf 03/11/96 Augustine Bailey v. Area Agency on Aging U.S. Court of Appeals Case No. 95-2524 Eastern District of Arkansas Civil rights - District court finding of not state action affirmed without comment. 952604U.pdf 03/11/96 William Rendleman v. Steel City Marine U.S. Court of Appeals Case No. 95-2604 Eastern District of Missouri Admiralty - Defendant's judgment in Jones' Act case affirmed; no error in allowing defendant to introduce the complaint into evidence. 952674U.pdf 03/11/96 Brian Madge v. United States U.S. Court of Appeals Case No. 95-2674 District of Minnesota Federal tax - IRS summonses enforced without comment. 952694P.pdf 03/11/96 United States v. Ferrell T. Riley U.S. Court of Appeals Case No. 95-2694 and No. 95-2781 and No. 95-2778 Western District of Missouri Criminal law - Monitor and receiver orders concerning forfeiture of companies allegedly controlled by RICO defendants reversed. 952730U.pdf 03/11/96 United States v. Richard L. Neal U.S. Court of Appeals Case No. 95-2730 Eastern District of Missouri Sentencing guidelines - Criminal history properly calculated; prior sentences were not related and could be counted separately in determining career-offender status. 952887P.pdf 03/11/96 David Marts v. Xerox U.S. Court of Appeals Case No. 95-2887 Western District of Arkansas Antitrust - Xerox's policy of voiding warranty if convenience copier owners used non-Xerox toner catridges did not constitute a tying agreement; plaintiff failed to show the alleged tie-in was the only economically viable option. 952950U.pdf 03/11/96 Rodney Hopkins v. Tannery West U.S. Court of Appeals Case No. 95-2950 Eastern District of Missouri Civil rights - District court erred in finding Title VII action was untimely; evidence, as viewed most favorably to plaintiff, showed he filed suit within 90 days of receipt of right-to-sue letter. 953072U.pdf 03/11/96 James Spann v. Michael Groose U.S. Court of Appeals Case No. 95-3072 Western District of Missouri Prisoner civil rights - Defendants had no knowledge of risk to plaintiff's safety and therefore could not be deliberately indifferent. 953123U.pdf 03/11/96 United States v. Serafin Flores U.S. Court of Appeals Case No. 95-3123 Southern District of Iowa Civil procedure - District court lacks authority to extend time to file notice of appeal when request for extension comes more than forty days after entry of judgment. 953528U.pdf 03/11/96 Eugene Wesley v. Carolyn Steed U.S. Court of Appeals Case No. 95-3528 Western District of Arkansas Civil rights - Dismissal as frivolous affirmed without comment. [ March 08, 1996 ]

952089U.pdf 03/08/96 Walter A. McCullough v. Barbara Fisher U.S. Court of Appeals Case No. 95-2089 Eastern District of Arkansas Civil rights - Defendant's judgment affirmed without comment. 952111U.pdf 03/08/96 United States v. Michael K. Williams U.S. Court of Appeals Case No. 95-2111 Western District of Missouri Criminal law - Tapes made by undercover agent were admissible, as monitoring of a conversation is permitted when the person consents. 952349U.pdf 03/08/96 Carol A. Mummelthie v. City of Mason City U.S. Court of Appeals Case No. 95-2349 Northern District of Iowa Civil rights - Record supported finding hiring decision was not based on age discrimination. 952480U.pdf 03/08/96 United States v. Haston G. Burns U.S. Court of Appeals Case No. 95-2480 Eastern District of Arkansas Sentencing guidelines - No error in finding defendant committed aggravated assault; minor assault provisions were not applicable. 952521U.pdf 03/08/96 Donald K. Alexander v. Bret Strand U.S. Court of Appeals Case No. 95-2521 Western District of Missouri Civil rights - Prosecutor enjoyed absolute immunity for comments during course of criminal trial. 952673U.pdf 03/08/96 Leo Noltimier v. State of MN U.S. Court of Appeals Case No. 95-2673 District of Minnesota Civil rights - Dismissal affirmed without comment. 952871U.pdf 03/08/96 United States v. Premachandra U.S. Court of Appeals Case No. 95-2871 Eastern District of Missouri Prisoner civil rights - Medical furlough authority has with Bureau of Prisons, not the courts. 952971U.pdf 03/08/96 USA v. Ralph S. Stowe U.S. Court of Appeals Case No. 95-2971 Western District of Missouri Criminal law - Jurisdictional challenges rejected. 952991U.pdf 03/08/96 Roger Wolfe v. George Hiakel U.S. Court of Appeals Case No. 95-2991 District of Minnesota Prisoner civil rights - Disagreement over course of treatment is not actionable under Section 1983. 953274U.pdf 03/08/96 United States v. Denny S. Herndon U.S. Court of Appeals Case No. 95-3274 Eastern District of Missouri Sentencing guidelines - Criminal history properly calculated; court may rely on probation officer's hearsay testimony to establish criminal history. 953899U.pdf 03/08/96 Henry R. Dumornay v. United States U.S. Court of Appeals Case No. 95-3899 District of Minnesota Federal habeas - Denial of writ application affirmed without comment. 961312P.pdf 03/08/96 United States v. Milton Gary Marshall U.S. Court of Appeals Case No. 96-1312 Western District of Arkansas Criminal law - District court erred in allowing defendant to remain free pending appeal. [ March 07, 1996 ]

951779P.pdf 03/07/96 United States v. Lana Christine Acty U.S. Court of Appeals Case No. 95-1779 Southern District of Iowa Challenge to denial of motion to vacate sentence. Held: district court properly rejected ineffective assistance of counsel argument. Afirmed. 951819P.pdf 03/07/96 Venture Properties v. First Southern Bank U.S. Court of Appeals Case No. 95-1819 Eastern District of Arkansas Challenge to jury verdict on usury claim. Held: district court properly instructed jury on affirmative defenses of compromise and settlement and burden of proof. Affirmed. 951842U.pdf 03/07/96 United States v. David Isser Greene U.S. Court of Appeals Case No. 95-1842 District of Minnesota Challenge to sentencing on remand. Held: district court properly combined term of incarceration with home detention and work release privileges. Affirmed. 951847P.pdf 03/07/96 USA v. Robert M. Volanty U.S. Court of Appeals Case No. 95-1847 Western District of Missouri Challenge to denial of motion for return of property. Held: district court properly rejected double jeopardy and bad faith arguments. Affirmed. 952259P.pdf 03/07/96 Bernice Van Dyke v. Missouri Mining, Inc U.S. Court of Appeals Case No. 95-2259 Petition for review of denial of black lung benefits. Held: Benefits Review Board properly denied benefits to coal miner's widow. 952413U.pdf 03/07/96 Douglas K. McSherry v. TWA U.S. Court of Appeals Case No. 95-2413 Western District of Missouri Challenge to decision that ADA claim was discharged in bankruptcy. Held: district court properly held that employee claim arose before confirmation. Affirmed. 952855U.pdf 03/07/96 United States v. Juan Carlos Nevarez U.S. Court of Appeals Case No. 95-2855 District of Minnesota Challenge to conviction and sentence on firearm and cocaine distribution charges. Held: district court properly excluded evidence of inducement. Affirmed. 953200U.pdf 03/07/96 Kenneth B. Jones v. United States U.S. Court of Appeals Case No. 95-3200 Eastern District of Missouri Challenge to denial of motion to vacate sentence. Held: district court properly rejected claims of double jeopardy violations and ineffective assistance of counsel. Affirmed. [ March 06, 1996 ]

951515P.pdf 03/06/96 Chris Veneklase v. City of Fargo U.S. Court of Appeals Case No. 95-1515 District of North Dakota Challenge to denial of qualified immunity and finding that city was liable for failing to train its police force. Held: district court erred in denying qualified immunity. Reversed. 951823P.pdf 03/06/96 Chinyere Jenkins v. Hashina Webster U.S. Court of Appeals Case No. 95-1823 Western District of Missouri Challenge to denial of motion to intervene as of right by group of African- American children. Held: district court properly denied intervention motion because sufficient avenues were available to the group to protect their interests. Affirmed. 951967P.pdf 03/06/96 Timothy Schuetzle v. Jeffrey Frey U.S. Court of Appeals Case No. 95-1967 District of North Dakota Challenge to grant of habeas relief. Held: district court erred in finding that appellant did not knowingly waive his right to testify on his own behalf. Reversed. 952282P.pdf 03/06/96 George Scroggins v. Larry Norris U.S. Court of Appeals Case No. 95-2282 Eastern District of Arkansas Challenge to denial of habeas petition. Held: district court properly held that claims were either procedurally barred or meritless. Affirmed. 952605P.pdf 03/06/96 Leonard Rifken v. McDonnell Douglas U.S. Court of Appeals Case No. 95-2605 Eastern District of Missouri Challenge to conclusion that notice of layoffs under WARN Act did not apply. Held: district court did not err in holding that no mass layoff occurred. Affirmed. 952757U.pdf 03/06/96 Melvin Leroy Tyler v. Mel Carnahan U.S. Court of Appeals Case No. 95-2757 and No. 95-2761 and No. 95-2760 and No. 95-2758 Eastern District of Missouri Challenge to conditions of confinement. Held: district court did not abuse its discretion in denying injunctive relief. Affirmed. 952787P.pdf 03/06/96 USA v. Ronald D. Jenkins U.S. Court of Appeals Case No. 95-2787 Western District of Missouri Challenge to cocaine and money laundering conspiracy. Held: sufficient evidence supported conviction; district court properly calculated drug quantity. Affirmed. 952957U.pdf 03/06/96 Duane Glass v. Dora B. Schriro U.S. Court of Appeals Case No. 95-2957 Eastern District of Missouri Summary affirmance of denial of civil rights action. 953008U.pdf 03/06/96 Darryl K. Peel v. United States U.S. Court of Appeals Case No. 95-3008 Western District of Missouri Summary affirmance of denial of sentencing attack. 953837U.pdf 03/06/96 City of Kansas City v. James F. Newport U.S. Court of Appeals Case No. 95-3837 Western District of Missouri District court properly determined that state criminal proceedings were not subject to removal to federal court. Dismissal order vacated and case remanded to district court with instructions to remand to state court. [ March 05, 1996 ]

951342U.pdf 03/05/96 Mary Lou Graham v. Bill Harman U.S. Court of Appeals Case No. 95-1342 and No. 95-2124 Western District of Missouri Challenge to jury verdict and grant of partial summary judgment in civil rights action. Held: constitutional challenge to validity of obstruction to arrest ordinance fails. Affirmed. 951647U.pdf 03/05/96 Donald Lawrence v. State of IA U.S. Court of Appeals Case No. 95-1647 Northern District of Iowa Challenge to denial of habeas petition. Held: district court properly held that claims were either procedurally barred or did not rise to the level of constitutional violation. Affirmed. 951729P.pdf 03/05/96 David Carroll v. U.S. Dept. of Labor U.S. Court of Appeals Case No. 95-1729 Petition for review of agency order dismissing complaint filed under whistleblower provisions. Held: because substantial evidence supported agency decision, petition denied. 952232P.pdf 03/05/96 USA v. William Hawkins U.S. Court of Appeals Case No. 95-2232 Eastern District of Missouri Challenge to conviction and sentence for cocaine distribution. Held: appellant's due process rights were not violated because of delay of district court clerk in processing appeal. Affirmed. 952253U.pdf 03/05/96 Walter Rothermel v. Georgia-Pacific U.S. Court of Appeals Case No. 95-2253 Western District of Arkansas Challenge to jury verdict for employee in age discrimination lawsuit. Held: district court did not abuse its discretion in admitting expert testimony. Affirmed. 952280P.pdf 03/05/96 United States v. Phillip W. Bates U.S. Court of Appeals Case No. 95-2280 Eastern District of Arkansas Challenge to conviction and sentence for being a felon in possession of a firearm. Held: evidence was sufficient to support conviction. Affirmed. 952889U.pdf 03/05/96 Inez One Star v. Shirley S. Chater U.S. Court of Appeals Case No. 95-2889 District of South Dakota Challenge to denial of disability benefits. Held: ALJ properly denied application for benefits and this decision is supported by substantial evidence. Affirmed. 952968P.pdf 03/05/96 United States v. Marcus Williams U.S. Court of Appeals Case No. 95-2968 and No. 95-2972 Eastern District of Missouri Challenge to conviction and sentence on crack cocaine conspiracy and distribution charges. Held: district court properly calculated quantity of ddrugs for sentencing purposes and denied motion for new trial based on juror misconduct. 953178U.pdf 03/05/96 United States v. James Voigtsberger U.S. Court of Appeals Case No. 95-3178 District of Minnesota Challenge to sentence for conviction of mail fraud. Held: district court properly enhanced sentence because of finding that defendant abused his position of trust. Affirmed. [ March 04, 1996 ]

951042U.pdf 03/04/96 Denver Lemons v. A. L. Lockhart U.S. Court of Appeals Case No. 95-1042 Eastern District of Arkansas State habeas - Denial of writ affirmed without comment. 951173P.pdf 03/04/96 David Simmons v. Mike O'Brien U.S. Court of Appeals Case No. 95-1173 Eastern District of Missouri Civil rights - Excessive force claims and racial slur claim were necessarily tried during state suppression hearing in criminal case and were barred by issue preclusion branch of collateral estoppel doctrine. 951989P.pdf 03/04/96 John Alvin Payne v. USA U.S. Court of Appeals Case No. 95-1989 Eastern District of Missouri Federal habeas - Claims of ineffective assistance rejected; trial strategy was reasonable. 952134U.pdf 03/04/96 Robert Joos v. Joe Schoeberal U.S. Court of Appeals Case No. 95-2134 Western District of Missouri Prisoner civil rights - No error in dismissing case when plaintiff failed to amend complaint to state claims with sufficient specificity and clarity. [ March 01, 1996 ]

952158P.pdf 03/01/96 Ronald Eugene Henry v. U.S. Dept. of Navy U.S. Court of Appeals Case No. 95-2158 Eastern District of Arkansas Administrative law - Board of Correction of Naval Record's refusal to upgrade undesirable discharge was not arbitrary or capricious and was supported by substantial evidence. 952340U.pdf 03/01/96 Albert Jay Wright v. Robert Michael Bell U.S. Court of Appeals Case No. 95-2340 Western District of Missouri Prisoner civil rights - Defendants' judgment affirmed without comment. 952431U.pdf 03/01/96 United States v. Maurice L. Jarrett U.S. Court of Appeals Case No. 95-2431 Eastern District of Missouri Sentencing guidelines - Challenge to 100 to 1 ratio rejected. 953067P.pdf 03/01/96 United States v. Jack Dean Johnson U.S. Court of Appeals Case No. 95-3067 Southern District of Iowa Criminal law - Leon exception applied to evidence seized under warrant obtained without probable cause; officers' reliance on validity of warrant was objectively reasonable. 953152U.pdf 03/01/96 United States v. Joe Harry Gluba U.S. Court of Appeals Case No. 95-3152 Northern District of Iowa Criminal law - Cause remanded for reconsideration of firearm conviction under Bailey.