as a courtesy to the reader. They are not part of the opinion of the court.
111049P.pdf 11/06/2012 Ralph Armstrong v. Ray Hobbs U.S. Court of Appeals Case No: 11-1049 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges]
Prisoner case - habeas. Arkansas criminal rule which excludes evidence tending to show that someone other than the defendant committed the crime charged unless that evidence points directly to the guilt of the third party is constitutionally permissible under Holmes v. South Carolina, 547 U.S. 319 (2006) as the evidence is excluded based on the strength of the link between the evidence and the crime; other issues were outside the scope of he certificate of appealability issued in the case. 112991P.pdf 11/06/2012 Steven Gerhardson v. Gopher News Company U.S. Court of Appeals Case No: 11-2991 and No: 11-3089 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Riley, Author, with Smith and Colloton, Circuit Judges]
Civil case - Labor law. The statute of limitations on the drivers' claims had run and there were no grounds for equitable tolling; district court did not err in finding Gopher News' crossclaims against the union were preempted under the National Labor Relations Act. Judge Colloton, concurring in part, and dissenting in part. 113050P.pdf 11/06/2012 Joseph H. Whitney v. The Guys, Inc. U.S. Court of Appeals Case No: 11-3050 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Melloy, Author, with Melloy and Smith, Circuit Judges]
Civil case - Contracts. District court did not err in applying Delaware law to determine that plaintiff's contract claims were untimely; dismissal of pseudo-contractual claims was proper under the Delaware statute of limitations; plaintiff alleged plausible shareholder claims, and the district court erred in dismissing that set of claims. 113830P.pdf 11/06/2012 United States v. Willie Jones U.S. Court of Appeals Case No: 11-3830 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Shepherd, Author, with Loken, Circuit Judge, and Gerrard, District Judge]
Criminal case - Criminal law and sentencing. No error in imposing a career offender enhancement under Guidelines 4B1.1 as the convictions defendant contended were part of a single offense were separate offenses for sentencing purposes; sentence was not substantively unreasonable; no error in denying defendant's motion to withdraw his guilty plea. 121550U.pdf 11/06/2012 United States v. Robert Rutan U.S. Court of Appeals Case No: 12-1550 and No: 12-1551 and No: 12-1552 U.S. District Court for the Northern District of Iowa - Cedar Rapids [UNPUBLISHED] [Per Curiam - Before Bye, Gruender and Benton, Circuit Judges]
Criminal case - Criminal law. Anders case. Appeal waiver enforced as to defendant's challenge to validity of the guilty plea; the district court did not err in making defendant's three prison terms consecutive. 121988U.pdf 11/06/2012 United States v. Mark Hopkins U.S. Court of Appeals Case No: 12-1988 U.S. District Court for the District of South Dakota - Rapid City [UNPUBLISHED] [Per Curiam - Before Bye, Gruender, and Benton, Circuit Judges]
Criminal case - Sentencing. Anders case. District court committed no procedural error and imposed a substantively reasonable sentence. 122270U.pdf 11/06/2012 United States v. Ronald Hearn U.S. Court of Appeals Case No: 12-2270 U.S. District Court for the Southern District of Iowa - Davenport [UNPUBLISHED] [Per Curiam - Before Wollman, Melloy and Shepherd, Circuit Judges]
Criminal case - Sentencing. Anders case. District court did not commit any significant procedural error and the sentence imposed was substantively reasonable.