as a courtesy to the reader. They are not part of the opinion of the court.
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).