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.
131871P.pdf   07/28/2014  Martha Duban  v.  Waverly Sales Co.
   U.S. Court of Appeals Case No:  13-1871
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Shepherd, Author, with Wollman and and Bye, Circuit Judges] 
   Civil case - Personal injury. The general immunity afforded domesticated 
   animal activity sponsors in Iowa Code Sec. 673.2 did not apply because the 
   alley where plaintiff was injured was a place designated or intended by 
   defendant as a place persons who were not participants could be present 
   and plaintiff's injury fell within the exception to immunity set out in 
   Sec. 673.2(4). 
  
131933P.pdf   07/28/2014  Nyffeler Construction, Inc.  v.  Secretary of Labor
   U.S. Court of Appeals Case No:  13-1933
   Petition for Review of an Order of the Occupational Safety & Health Review Commi    
   [PUBLISHED] [Beam, Author, with Smith and Shepherd, Circuit Judges] 
   Petition for Review - OSHA. Petitioner's petition for review was untimely 
   and the case must be dismissed for lack of jurisdiction; a hearing panel 
   of this court to whom the entire case has been referred for disposition is 
   free to revisit a motion to dismiss for lack of jurisdiction even though 
   an administrative panel of the court has previously denied the motion. 
  
132128P.pdf   07/28/2014  Samvel Topchian  v.  JPMorgan Chase Bank, N.A.
   U.S. Court of Appeals Case No:  13-2128
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Wollman, Author, with Murphy and Gruender, Circuit Judges] 
   Civil case - Contracts. By pleading sufficient facts to show the elements 
   of a contract exist, that the conditions precedent were satisfied or 
   waived and that an exception to the statute of frauds applied, plaintiff 
   stated a claim for breach of contract in connection with his request for a 
   loan modification, and the district court erred in dismissing the claim; 
   plaintiff failed to state a claim for fraudulent or negligent 
   misrepresentation and the district court did not err in dismissing those 
   claims; nor did plaintiff state a claim for fraudulent enrichment. 
  
132399P.pdf   07/28/2014  Guillermo Escobedo  v.  Mark Lund
   U.S. Court of Appeals Case No:  13-2399
   U.S. District Court for the Northern District of Iowa - Sioux City    
   [PUBLISHED] [Limbaugh, Author, with Loken and Murphy, Circuit Judges] 
   Prisoner case - Habeas. The district court erred in granting habeas relief 
   on the ground counsel should have requested a mistrial after the trial 
   court improperly substituted an alternate juror for a juror who had been 
   dismissed for misconduct after deliberations had begun as there were 
   significant strategic reasons for counsel's decision to allow the case to 
   continue and the state courts' decision that counsel's course of action 
   did not fall below an objective standard of reasonableness was not an 
   unreasonable application of or contrary to established federal law. 
  
132601P.pdf   07/28/2014  Max Villatoro  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  13-2601
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Smith, Author, with Colloton and Gruender, Circuit Judges] 
   Petition for Review - Immigration. The agency did not err in determining 
   that petitioner's Iowa state conviction for tampering with records, in 
   violation of Iowa Code Sec. 715A.5, was categorically a crime involving 
   moral turpitude, thereby rendering petitioner ineligible for cancellation 
   of removal. 
  
132650P.pdf   07/28/2014  United States  v.  Dion Thomas
   U.S. Court of Appeals Case No:  13-2650
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Smith, Author, with Colloton and Gruender, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence of distribution of 
   crack was properly admitted as intrinsic evidence and admission of the 
   evidence was not prohibited by Rule 404(b); evidence regarding money 
   laundering was properly admitted under Rule 401; district court did not 
   err in denying defendant's motion for appointment of new counsel as the 
   record failed to demonstrate that defendant was justifiably dissatisfied 
   with his attorney; no error in considering defendant's crack distribution 
   activities in setting offense level as it was relevant conduct and the 
   court clearly considered the Guidelines as advisory; Alleyne argument 
   rejected; no error in calculating defendant's criminal history. 
  
132742P.pdf   07/28/2014  Eugene De Boise, Sr.  v.  St. Louis County, Missouri
   U.S. Court of Appeals Case No:  13-2742
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Shepherd, Author, with Wollman and Bye, Circuit Judges] 
   Civil case - Civil rights. The district court did not err in finding the 
   force used in securing plaintiff's decedent's arrest was objectively 
   reasonable where he repeatedly failed to obey officers' commands and 
   actively resisted arrest; nor did the court err in finding that even if 
   repeated tasings amounted to excessive force in violation of the 
   deceased's Fourth Amendment rights, such rights were not clearly 
   established at the time of the incident; the facts before the court do not 
   contemplate any violation of the Americans with Disabilities Act. Judge 
   Bye, dissenting. 
  
132832P.pdf   07/28/2014  Ronald Hernandez  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  13-2832
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Murphy, Author, with Loken, Circuit Judge, and Limbaugh, 
   District Judge] 
   Petition for Review - Immigration. The agency did not err in determining 
   that petitioner's conviction for grand theft auto was an aggravated 
   felony, making him ineligible for asylum, cancellation of removal and 
   special cancellation of removal; the court joins other circuits which have 
   held that the aggravated felony bar applies to convictions obtained before 
   the enactment of the Miscellaneous and Technical Immigration and 
   Naturalization Amendments of 1991; no error in denying CAT relief; the 
   court would not address petitioner's adverse credibility issues as they 
   are moot. 
  
132896P.pdf   07/28/2014  United States  v.  Paige Mathison
   U.S. Court of Appeals Case No:  13-2896
   U.S. District Court for the Northern District of Iowa - Sioux City    
   [PUBLISHED] [Murphy, Author, with Loken, Circuit Judge, and Sippel, 
   District Judge] 
   Criminal case - Criminal law. Defendant requested a coercion or duress 
   instruction and could not now argue that the court erred in giving it; 
   claim of ineffective assistance of counsel would not be considered in this 
   direct appeal. 
  
133448U.pdf   07/28/2014  Auzio Hewlett  v.  Captain Gram
   U.S. Court of Appeals Case No:  13-3448
   U.S. District Court for the District of Minnesota - Minneapolis    
   [UNPUBLISHED] [Per Curiam - Before Bye, Smith and Kelly, Circuit Judges] 
   Civil case - Bivens. Defendants' summary judgment affirmed without 
   comment. 
  
133628U.pdf   07/28/2014  Donald Copley  v.  State of Missouri
   U.S. Court of Appeals Case No:  13-3628
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Bye, Smith and Kelly, Circuit Judges] 
   Civil case. Dismissal affirmed without comment.