as a courtesy to the reader. They are not part of the opinion of the court.
121182P.pdf 03/14/2013 Thomas Morelos v. United States U.S. Court of Appeals Case No: 12-1182 U.S. District Court for the Northern District of Iowa - Sioux City [PUBLISHED] [Bye, Author, with Murphy and Shepherd, Circuit Judges]
Prisoner case - habeas. Claim that trial counsel was ineffective regarding impeachment and cross-examination rejected; claim of ineffective assistance during closing argument is based on an inaccurate statement of the government's burden at trial and is rejected; any argument that the government did not prove the type of methamphetamine involved in the offense is meritless and counsel could not be ineffective in deciding not to raise the issue; court concludes that counsel's decision not to independently withdraw over the fact that he had prosecuted Morales in state court was within the range of professional assistance; nor was counsel's decision not to withdraw over the suspensions of his licenses in Nebraska and South Dakota beyond the range of professional assistance; because all of Morales's grounds for his claims of ineffective assistance of trial counsel are unavailing, he cannot show that he suffered any prejudice from the manner in which counsel handled his direct appeal; claims of prosecutorial misconduct rejected without comment. 121462U.pdf 03/14/2013 Mardelle Jerde v. JPMorgan Chase Bank U.S. Court of Appeals Case No: 12-1462 U.S. District Court for the District of Minnesota - Minneapolis [UNPUBLISHED] [Per Curiam - Before Wollman, Gruender and Shepherd, Circuit Judges]
Civil case. Dismissal for failure to state a claim affirmed on the basis of this court's prior opinions in Karnatcheva v. J.P. Morgan, 704 F.3d 545 (8th Cir. 2013) and Murphy v. Aurora Loan Servs., LLC, 699 F. 3d 1027 (8th Cir. 2012). 121632P.pdf 03/14/2013 Aaron Deroo v. United States U.S. Court of Appeals Case No: 12-1632 U.S. District Court for the District of North Dakota - Fargo [PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Prisoner case - habeas. Government's argument that this case should have been dismissed as a second or successive habeas is rejected because the present claim had not arisen when the earlier Section 2255 was filed; while it had arisen when Deroo filed a Section 2241 with the Seventh Circuit, a Section 2255 motion is not a second or successive application where the previous petition sought relief under Section 2241; however, Deroo could have discovered the claim that his Presentence Report was erroneous years before he filed this motion, and the district court did not err in concluding it was untimely; Deroo failed to establish the elements of equitable tolling. 122076P.pdf 03/14/2013 Edgarline Dunbar v. Wells Fargo Bank, N.A. U.S. Court of Appeals Case No: 12-2076 and No: 12-2369 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Civil case. Dismissal for failure to state a claim affirmed on the basis of this court's prior opinions in Karnatcheva v. J.P. Morgan, 704 F.3d 545 (8th Cir. 2013) and Murphy v. Aurora Loan Servs, LLC 699 F.3d 1027 (8th Cir. 2011); district court was well within its discretion to impose sanctions where plaintiff's counsel engaged in fraudulent joinder to avoid federal jurisdiction and filed a complaint "blatantly premised on the show-me-the-note theory'" previously rejected by this court and the Minnesota Supreme Court. 122310P.pdf 03/14/2013 United States v. Martin Wilson U.S. Court of Appeals Case No: 12-2310 U.S. District Court for the Northern District of Iowa - Cedar Rapids [PUBLISHED] [Shepherd, Author, with Wollman and Gruender, Circuit Judges]
Criminal case - Sentencing. District court articulated sufficient justifications for the imposition of a no-contact provision in defendant's supervised release; any error in extending the no-contact order to cover defendant's term of imprisonment was harmless as there was no evidence that the order had any impact on defendant during his now-completed prison sentence.