as a courtesy to the reader. They are not part of the opinion of the court.
083780P.pdf 03/11/2013 Tarek Al-Birekdar v. Chrysler Group, LLC U.S. Court of Appeals Case No: 08-3780 and No: 09-1091 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Wollman, Circuit Judge]
Civil case - Employment Discrimination. Jury instructions submitting plaintiff's claim that Chrysler terminated him in retaliation for a previously filed charge of discrimination with the Missouri Commission on Human Rights were not erroneous; evidence was sufficient to support plaintiff' verdict under the Missouri Human Rights Act's contributing factor standard; evidence was sufficient to support the jury's award of damages; evidence was not sufficient to support a finding that Chrysler acted with an evil motive or deliberate indifference to plaintiff's rights and the court did not err in refusing to submit plaintiff's punitive damages claim to the jury; district court did not err in reducing plaintiff's attorneys' fee request; plaintiff's request for attorneys' fees for time spent on post-trial motions and appellate work remanded for further consideration. 121020P.pdf 03/11/2013 United States v. Patricia Robertson U.S. Court of Appeals Case No: 12-1020 U.S. District Court for the District of North Dakota - Fargo [PUBLISHED] [Loken, Author, with Smith and Benton, Circuit Judges]
Criminal case - Criminal law and Sentencing. In prosecution charging defendant with misapplying funds belonging to her Tribe's Low Income Home Energy Assistance program, the district court's instructions defining the elements of the offense were not erroneous as they fairly and adequately instructed the jury on the mens rea element of the offense; district court did not err in rejecting defendant's "good faith defense" instruction; there was ample evidence to support a special condition of probation banning alcohol use. 121835P.pdf 03/11/2013 Natasha Dallas v. American General Life U.S. Court of Appeals Case No: 12-1835 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Riley, Author, with Wollman and Melloy, Circuit Judges]
Civil case - Insurance. Under Missouri law, payment of a policy'sfirst premium is a condition precedent to the validity of the policy, and the district court did not err in finding that plaintiff's failure to make the first payment voided the policy; plaintiff failed to present a submissible case of estoppel or waiver under Missouri law. 122247P.pdf 03/11/2013 Alejandro Gutierrez-Vidal v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 12-2247 Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Beam, Author, with Riley, Chief Judge, and Bye, Circuit Judge Petition for Review - Immigration. Considering the efforts police made to arrest and prosecute members of the Shining Path group who attacked petitioner, the record does not indicate that the government of Peru condoned the group's actions or demonstrated a complete helplessness to protect petitioner, and the BIA did not err in finding petitioner had not established either past persecution or a well-founded fear of future persecution. 122326U.pdf 03/11/2013 Vernist McCraney v. Ray Hobbs U.S. Court of Appeals Case No: 12-2326 U.S. District Court for the Eastern District of Arkansas - Pine Bluff [UNPUBLISHED] [Per Curiam - Before Bye, Melloy and Smith, Circuit Judges]
Prisoner case - habeas. The district court did not err in concluding McCraney had procedurally defaulted on his claim of ineffective assistance of counsel; however, in the interests of judicial economy, the court would consider the merits of the claim; state court reasonably applied the first prong of Strickland in finding that the attorney made a reasonable tactical decision when he did not request a continuance or investigate whether defendant committed his offense within 1000 feet of a church when the state raised this enhancement a day before trial began; nor did the court err in determining McCraney failed to show that his attorney's actions prejudiced him as he never alleged the offense did not occur within the protected zone and instead relied at trial on a general defense that he had not committed the crime. 122752P.pdf 03/11/2013 Vicky v. United States U.S. Court of Appeals Case No: 12-2752 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Criminal case - Criminal law. For the court's prior opinion in the matter, see United States v. Fast, No. 11-3455 (8th Cir. May 15, 2012). Vicky, the pseudonym of a child-pornography victim whose images appeared on defendant Fast's computer, did not have standing as a nonparty to appeal the restitution award imposed by the district court; Vicky could proceed by mandamus; considering her writ petition, the district court did not err in determining that proximate cause is required for each element of restitution under 18 U.S.C. Sec. 2259 or in requiring defendant to pay restitution in the amount of $3,333; Vicky was not entitled to restitution in the amount of $952,791, her next documented losses to date, as not all of that amount was clearly and indisputably traceable to defendant's crime. Judge Shepherd, concurring in part and dissenting in part.