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.
162570U.pdf   07/26/2017  United States  v.  James Borden
   U.S. Court of Appeals Case No:  16-2570
   U.S. District Court for the Western District of Missouri - Jefferson City   
[UNPUBLISHED] [Per Curiam - Before Shepherd, Murphy and Kelly, Circuit Judges] Criminal case - Criminal law and Sentencing. Anders case. Defendant waived his right to raise issues regarding Interstate Agreement on Detainers Act violations when he pleaded guilty; no error in imposing a career-offender enhancement based on defendant's Michigan armed-robbery and possession-with-intent convictions. 162599P.pdf 07/26/2017 David White v. CitiMortgage, Inc. U.S. Court of Appeals Case No: 16-2599 U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Riley, Author, with Loken and Benton, Circuit Judges] Civil case - Mortgage law. The district court erred in determining this action was time barred by Mo Rev. Stat. Sec. 516.120, as the five-year period for bringing suit regarding mortgage fraud and other related claims did not commence until 2013, when the truth about the status of plaintiff's property title - that defendant had failed to transfer title back to plaintiff after a foreclosure sale and plaintiff's reinstatement payment - was capable of ascertainment as that phrase has been interpreted by Missouri's courts; the court declines to affirm on the alternative basis that plaintiff's fraud and Missouri Merchandising Practices Act claims fail on the merits; the dismissal of White's equitable claims is also reversed, as the same, incorrect statute-of-limitations analysis was the basis for the dismissal of those claims; the matter is remanded for further proceedings. 162681P.pdf 07/26/2017 Charles Odom v. Kenan Kaizer U.S. Court of Appeals Case No: 16-2681 U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Arnold, Circuit Judge] Civil case - Civil rights. For the court's prior opinions in the matter, see Odom v. Kaizer, 638 F.App'x 553 (8th Cir. 2016); Odom v. Kaizer, 417 F.App'x 611 (8th Cir. 2011). The district court did not err in finding the defendant police officer was entitled to summary judgment based on qualified immunity on plaintiff's claim that the officer violated plaintiff's civil rights by deliberately or recklessly giving partially inaccurate testimony in a probable cause hearing; probable cause for plaintiff's arrest would have existed in any event, based on plaintiff's admission he possessed marijuana and his presence in a motel room where drug paraphernalia and items containing drug residue were seized. 162767U.pdf 07/26/2017 Orlando Perez-Hernandez v. Jefferson B. Sessions U.S. Court of Appeals Case No: 16-2767 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Arnold and Shepherd, Circuit Judges] Petition for Review - Immigration. The court's jurisdiction to review denial of cancellation of removal is limited, and neither of the issues petitioner seeks to raise fall within the narrow categories of reviewable issues set out in 8 U.S.C. Sec. 1252 163377P.pdf 07/26/2017 Josephine Havlak Photographer v. Village of Twin Oaks U.S. Court of Appeals Case No: 16-3377 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Arnold and Shepherd, Circuit Judges] Civil case - Constitutional law. Defendant's permit policy concerning commercial activity in its public park was facially content neutral and the record does not indicate any governmental purpose to burden any particular message; lack of a permit exception for groups smaller than 10 people did not create a constitutional infirmity; deadlines for obtaining a permit were reasonable; fee was narrowly tailored to the actual costs the village incurs; there were many alternative locations in the St. Louis area where plaintiff could conduct her commercial photography and communicate her message; the ordinance does not leave the defendant with unbridled discretion and its permitting factors survive constitutional scrutiny. 164285U.pdf 07/26/2017 Eugene Mathison v. United States U.S. Court of Appeals Case No: 16-4285 and No: 16-4286 U.S. District Court for the District of South Dakota - Sioux Falls
[UNPUBLISHED] [Per Curiam - Before Colloton, Murphy and Kelly, Circuit Judges] Prisoner case. Denial of coram nobis relief affirmed without comment. 164432U.pdf 07/26/2017 United States v. Damian Mata U.S. Court of Appeals Case No: 16-4432 U.S. District Court for the District of North Dakota - Fargo
[UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. The sentencing issue raised on appeal falls with the scope of defendant's valid and enforceable appeal waiver, and the appeal is dismissed.