OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Tuesday March 31, 2015 ] The most recent opinions are for: [ 03/31/2015 ]  
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.
141123P.pdf  03/31/2015  United States  v.  Randy Never Misses A Shot
   U.S. Court of Appeals Case No:   14-1123
   U.S. District Court for the District of South Dakota - Pierre   
[PUBLISHED] [Smith, Author, with Murphy and Gruender, Circuit Judges] Criminal case - Criminal case. The district court's comments to the prosecution at a sidebar regarding a possible deficiency in its evidence and the court's decision to permit the government to reopen its case-in-chief were not an abuse of the court' discretion and did not prejudice defendant because the jury did not hear the comments and the evidence at that point was, in any event, sufficient to convict defendant on the count; evidence was sufficient to support defendant's convictions for sexual abuse of a minor; the court did not err in rejecting defendant's request for a lesser-included-offense of simple assault; no error in admitting the testimony of six Rule 413 and 414 witnesses as the court concluded the conduct covered by their testimony was similar enough to the conduct charged to prove propensity; even if the admission of six witnesses' testimony raised Rule 403 concerns, any error was harmless in light of the other evidence of propensity; no error in excluding evidence of past sexual assault against a victim under Rule 412.
142569U.pdf  03/31/2015  Sandra Sue Grazzini-Rucki  v.  David Knutson
   U.S. Court of Appeals Case No:   14-2569
   U.S. District Court for the District of Minnesota - Minneapolis   
[UNPUBLISHED] [[Per Curiam - Before Wollman, Beam and Loken, Circuit Judges] Civil case - Civil procedure. Assignment of cases is a judicial function and the district court did not err in finding the defendant, a state court judge presiding in plaintiff's family-law action was entitled to judicial immunity for assigning certain related matters to himself; a session of court in which the judge heard from plaintiff's children was, likewise, a judicial act and the judge was entitled to immunity on claims related to the hearing; the district court could consider matters of public record without turning a motion to dismiss into a motion for summary judgment.
142926U.pdf  03/31/2015  David Kimbro Stephens  v.  Renee S. Williams
   U.S. Court of Appeals Case No:   14-2926
   U.S. District Court for the Western District of Arkansas - Texarkana   
[UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Civil Case - Bankruptcy. The district court did not err in denying Stephens' motion to intervene in a bankruptcy matter; since Stephens was denied leave to intervene, he cannot challenge the bankruptcy's court final order or its other orders in the case.
143055U.pdf  03/31/2015  United States  v.  Phillip Robinson
   U.S. Court of Appeals Case No:   14-3055
   U.S. District Court for the Northern District of Iowa - Dubuque   
[UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's within-Guidelines-range sentence was substantively reasonable.
143204U.pdf  03/31/2015  United States  v.  Todd Tackwell
   U.S. Court of Appeals Case No:   14-3204
   U.S. District Court for the District of Nebraska - Lincoln   
[UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant waived his right to appeal his sentence and the appeal is dismissed.
143295U.pdf  03/31/2015  Michael Hoelscher  v.  Miller's First Insurance Co.
   U.S. Court of Appeals Case No:   14-3295
   U.S. District Court for the Western District of Missouri - Jefferson City   
[UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Civil case. Dismissal affirmed without comment.