DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.
113311P.pdf   03/08/2013  United States  v.  Paul Beard
   U.S. Court of Appeals Case No:  11-3311
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Wollman and Gruender,
   Circuit Judges]
   Criminal Case - suppression. District court did not clearly err in
   concluding officer had a better view of events than the camera in
   the patrol car and consequently it deferred to officer's testimony of
   events; officer had an articulable and reasonable suspicion that
   defendant violated Arkansas traffic law and thus had a lawful basis
   for stopping defendant's car. Subsequent search and seizure was lawful
   under the automobile exception and the district court correctly denied the
   motion to suppress.
  
121927U.pdf   03/08/2013  United States  v.  Diamond Blair
   U.S. Court of Appeals Case No:  12-1927
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Kopf, Author, District Judge, with Bye and Melloy,
   Circuit Judges]
   Criminal Case - conviction. District court did not abuse its discretion in
   allowing the government to introduce evidence of defendant's prior felony
   convictions when defendant declined to stipulate to prior felonies, as proof
   of prior felonies was an element of government's case and proof of multiple
   felonies was not prejudicial; district court did not erred in failing to
   make explicit, on-the-record determination that probative value of convictions
   outweighed danger of unfair prejudice. Claims of prosecutor misconduct are
   without merit.
  
122128U.pdf   03/08/2013  United States  v.  Kenji Walker
   U.S. Court of Appeals Case No:  12-2128
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam. Before Bye, Arnold, and Shepherd,
   Circuit Judges]
   Criminal Case - Anders. Application of cross-reference to voluntary
   manslaughter guideline was appropriate in light of evidence undermining
   self-defense claim; district court properly considered sentencing factors
   and upward variance was not unreasonable.
  
122249P.pdf   03/08/2013  Northshore Mining Company  v.  Secretary of Labor
   U.S. Court of Appeals Case No:  12-2249
   Petition for Review of an Order of the Federal Mine Safety and Health Review Com   
   [PUBLISHED] [Beam, Author, with Smith and Gruender, Circuit Judges]
   Petition for Review - Federal Mine Safety and Health Review Commission.
   Reliance of 30 C.F.R. sec. 56.12016 for issuance of citation to Northshore
   Mining Company relating to locking/tagging out of circuit breakers was error.
   Regulation is ambiguous, but based on the context within the title or heading
   of section, MSHA's interpretation of reach of regulation is inconsistent and
   thrust of regulation is to abate risk of electrocution not avoidance of injuries
   from mechanical movement. MSHA's interpretation in unworthy of deference.
   Citation is set aside.
  
122729U.pdf   03/08/2013  Dennis Gaede  v.  James Podrebarac
   U.S. Court of Appeals Case No:  12-2729
   U.S. District Court for the District of North Dakota - Bismarck   
   [UNPUBLISHED] [Per Curiam. Before Bye, Arnold, and Shepherd,
   Circuit Judges]
   Civil Case - civil rights. District court's grant of summary judgment 
   in civil rights action is summarily affirmed.
  
123566U.pdf   03/08/2013  Ellis Trice  v.  Donald Eversole
   U.S. Court of Appeals Case No:  12-3566
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [UNPUBLISHED] [Per Curiam. Before Bye, Arnold, and Shepherd,
   Circuit Judges]
   Civil Case - civil rights. District court's grant of summary judgment
   in civil rights action is summarily affirmed.