[ 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.