for the Eighth Circuit

113696P.pdf   01/10/2013  Robert Paulson, II  v.  Newton Correctional Facility
   U.S. Court of Appeals Case No:  11-3696
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
   Prisoner case - habeas. Remanded to the district court for it to consider
   whether the Iowa Court of Appeals' decision in Paulson v. State, 759
   N.W. 2d 2 (Iowa Ct. App. Oct. 1, 2008), regarding whether Paulson's
   attorney was ineffective for failing to object to testimony from Paulson's
   ex-wife was "contrary to" clearly established federal law as set out in
   Strickland and the court's subsequent ineffective-assistance of counsel
   cases.
  
113711P.pdf   01/10/2013  Erin S. Govrik  v.  Unum Life Insurance Company
   U.S. Court of Appeals Case No:  11-3711
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Murphy and Bright, Circuit Judges]
   Civil case - ERISA. It was not an abuse of discretion for the plan
   administrator to determine that large payments totaling $175,000 which
   the insured received in 2004 were payments for sale of a business for
   purposes of calculating his benefits; district court judgment awarding
   benefits, attorneys' fees and costs to the insured's representative is
   reversed, and the matter is remanded for consideration of the plan
   administrator's counterclaims. Judge Bright, dissenting.
  
113754P.pdf   01/10/2013  United States  v.  Duane Big Eagle
   U.S. Court of Appeals Case No:  11-3754
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Riley, Author, with Beam and Colloton, Circuit Judges]
   Criminal case - Criminal case. Evidence of uncharged bribery activity
   was intrinsic to the charged conspiracy and admissible notwithstanding
   the government's failure to give defendant pretrial notice of its intent to
   use the evidence; where defendant declined the government's pretrial
   offer of a limiting instruction on certain testimony, he waived his right to
   challenge the admission of the evidence to the extent any unfair prejudice
   from its admission could have been alleviated by a curative instruction.
  
121148P.pdf   01/10/2013  Oakdale Mall Associates  v.  Cincinnati Insurance Company
   U.S. Court of Appeals Case No:  12-1148
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Riley, Author, with Colloton and Gruender, Circuit Judges]
   Civil case - Insurance. District court did not err in determining that the
   insured's property was vacant as that term was defined in the policy in
   question.
  
121314U.pdf   01/10/2013  United States  v.  Marcus Kwamena Benson
   U.S. Court of Appeals Case No:  12-1314
   U.S. District Court for the District of Minnesota - St. Paul   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Melloy and Shepherd,
   Circuit Judges]
   Criminal case - Sentencing. Anders case. The district court did not
   commit significant procedural error and the sentence imposed was not
   substantively unreasonable.
  
122329P.pdf   01/10/2013  James Cuthrell  v.  Michael J. Astrue
   U.S. Court of Appeals Case No:  12-2329
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
   Civil case - Social Security. Failure to conduct the psychiatric review
   technique where the ALJ specifically found claimant had the severe
   impairment of a closed-head injury with symptoms that are mental in
   nature was not harmless error, and the matter is remanded to the district
   court with directions to remand the case to the Commissioner pursuant to
   sentence four of 42 U.S.C. Sec. 405(g).