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.
153647P.pdf 12/02/2016 United States v. Charles James Jones U.S. Court of Appeals Case No: 15-3647 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Murphy, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. Standard for review for the district court's decision to strictly limit defendant's fire investigator's testimony to the opinions he provided in his final report disclosure under Fed. R. Crim. P. 16(b)(1)(C) is whether the decision was an abuse of discretion; the district court did not abuse its discretion by excluding the expert's proposed testimony about deficiencies in the government expert's investigation and his cognitive bias as these matters were not disclosed in the final report as required by the Rule; no error in denying defendant's motion to suppress statements he made to police officers while they were investigating an on-going fire, as the statements were either admissible under the public safety exception to Miranda or were not statements that would have a significant impact on the jury verdict; the court could not say that defendant's statements were not voluntary even though he had been intoxicated by a prescription drug; officer's request for a clarification of a voluntarily-made statement was not an interrogation; defendant's unprovoked and spontaneous statement at the station house was admissible; no error in finding the drugged, sleeping victim was a vulnerable victim for purposes of the application of Guidelines Sec. 3A1.1(b)(1) 161268P.pdf 12/02/2016 Eduardo Custodio v. Cecilia Marianela Torres Samil U.S. Court of Appeals Case No: 16-1268 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Kelly, Author, with Wollman and Arnold, Circuit Judges] Civil case - Hague Convention on Civil Aspects of International Child Abduction. Because one of the children involved in this matter turned 16 during the pendency of the proceedings, the Hague Convention no longer applies to him; where respondent asserted a "mature child" defense to the petition, the district court's evaluation of 15-year-old child's testimony regarding his desire to remain in the U.S. was entitled to deference; the commentary to the Explanatory Report regarding the Conventions states that a child's views on the matter can be conclusive on the issue of return; the district court did not abuse its discretion by denying petitioner's request to return the child to Peru where the child clearly stated his desire to remain in the U.S. with respondent. 161429U.pdf 12/02/2016 United States v. Jermaine Gadson U.S. Court of Appeals Case No: 16-1429 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Smith and Kelly, Circuit Judge] Criminal case - Criminal law. Even if the arresting officer was mistaken in his belief that signaling was required prior to exiting a traffic circle, the officer's error of law was reasonable, and the traffic stop was permissible; evidence seized during the stop was admissible. 162497U.pdf 12/02/2016 Charles LaLiberte v. Charles Samuels, Jr. U.S. Court of Appeals Case No: 16-2497 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Civil case. Dismissal affirmed without comment.