for the Eighth Circuit

161736P.pdf   01/27/2017  ACI Worldwide Corporation  v.  Churchill Lane Associates, LLC
   U.S. Court of Appeals Case No:  16-1736
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges] 
   Civil case - Contracts. Plaintiff validly terminated the License Agreement 
   in accordance with the termination provision and does not owe Churchill 
   royalties on any sublicenses it has granted since the date of termination 
   or that it will grant in the future; however, because the post-termination 
   royalties provision was not validly amended before termination, plaintiff 
   continues to owe Churchill royalties on any sublicenses granted before the 
   termination date; reversed in part, affirmed in part and remanded for 
   further proceedings. Judge Beam, concurring in part and dissenting in 
   part. 
  
162198U.pdf   01/27/2017  United States  v.  Ishmael Kosh
   U.S. Court of Appeals Case No:  16-2198
   U.S. District Court for the District of Minnesota - St. Paul   
   [UNPUBLISHED] [Per Curiam - Before Benton and Shepherd, Circuit Judges, 
   and Strand, District Judge] 
   Criminal case - Criminal law. In an appeal raising a claim regarding the 
   sufficiency of the evidence, defendant did not renew his Rule 29 motion as 
   to the counts on appeal at the close of all evidence, and review is for 
   plain error, not for sufficiency alone; defendant's consistent pattern of 
   false reporting supports the verdict that defendant was guilty of filing 
   false and fraudulent tax returns in violation of 26 U.S.C. Section 
   7206(2). 
  
162730P.pdf   01/27/2017  Mark Christeson  v.  Don Roper
   U.S. Court of Appeals Case No:  16-2730
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Per Curiam - Before Loken, Murphy and Colloton, Circuit 
   Judges] 
   Prisoner case - Habeas - Death Penalty. The district court did not err in 
   denying Christeson's motion to reopen a final judgment dismissing his 
   habeas corpus application as untimely; tolling based on counsel's failure 
   to satisfy AEDPA's statute of limitations is available only for serious 
   instances of attorney misconduct, and whether original counsel's 
   miscalculation of the filing deadline was reasonable based on 
   then-existing law or was the result of negligence, it is well settled that 
   attorney negligence in calculating a deadline is not sufficient to warrant 
   equitable tolling of a statutory time limit; nor is original counsel's 
   miscalculation an extraordinary circumstance that justifies reopening a 
   judgment. Judge Murphy, concurring. 
  
162783U.pdf   01/27/2017  United States  v.  Rocky Thomas Mayfield
   U.S. Court of Appeals Case No:  16-2783
   U.S. District Court for the District of North Dakota - Bismarck   
   [UNPUBLISHED] [Per Curiam - Before Kelly and Murphy, Circuit Judges, and 
   Magnuson, District Judge] 
   Criminal case - Criminal law. The district court's determination that the 
   arresting officer was credible when he testified that he smelled marijuana 
   during a traffic stop was not clearly erroneous or contrary to external 
   evidence, and the smell of marijuana gave the officer probable cause to 
   conduct the search which led to the seizure of the drugs at issue.