OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Wednesday August 27, 2014 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 08/26/2014 ]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.123465P.pdf 08/26/2014 Raphael Donnell v. United States U.S. Court of Appeals Case No: 12-3465 U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Bye and Colloton, Circuit Judges] Prisoner case - Habeas. For the opinion in Donnell's direct appeal, see U.S. v. Donnell, 596 F.3d 913 (8th Cir. 2010). To warrant Section 2255 relief, Donnell must establish that appellate counsel was constitutionally ineffective for failing to submit a citation to King v. United States, 595 F.3d 844 (8th Cir. 2010) for the direct appeal panel's consideration or to request supplemental briefing when this court published its decision in King after Donnell's direct appeal had been argued and submitted for decision; the court declines to rule that Strickland requires an appellate attorney to read advance sheets and consider newly-decided cases in the weeks or months after a direct appeal is fully briefed, argued and submitted for a decision. Judge Bye, concurring in part and dissenting in part.133756U.pdf 08/26/2014 United States v. Raymon Ortega U.S. Court of Appeals Case No: 13-3756 U.S. District Court for the Western District of Missouri - Springfield
[UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was not unreasonable and did not exceed the statutory maximum; defendant may not use this proceeding to collaterally attack the validity of his original conviction and sentence; claims of ineffective assistance of counsel would not be considered in this direct appeal.