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Opinions

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Civil Practice: Diversity-Dismissal

Where appellants challenged the dismissal of their amended complaint in a diversity action, the dismissal was proper for the reasons cited by the district court. Judgment is affirmed. Lindberg v. Dimon (MLW No. 74507/Case No. 19-1883 – 2 pages) (U.S. ...

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Civil Practice: Discovery-Surveillance Video

Where a defendant challenged an adverse verdict in her pro se civil action, the challenge to the rulings regarding a surveillance video tape produced during pretrial discovery was meritless, so the judgment is affirmed. Judgment is affirmed. Delima v. Walmart ...

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Bankruptcy: Exemption-“Retirement Funds”

Where a debtor argued that his interests in his ex-wife’s individual retirement account and 401(k) were exempt as “retirement funds,” the bankruptcy court properly disallowed the exemption because his interest had not been transferred to an account in his name, ...

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Domestic Relations: Parenting Plan-Equitable Distribution and Maintenance Award

Wife appealed from the trial court’s dissolution judgment as to the parenting plan, maintenance award, equitable distribution and award of attorney fees in favor of husband. Where wife’s brief failed to comply with the requirements of Rule 84.04, wife failed ...

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Criminal Law: Statutory Rape-Ineffective Assistance of Plea Counsel

Defendant pleaded guilty to statutory rape and statutory sodomy of a single victim. After the trial court heard evidence about an alleged second victim, defendant moved for post-conviction relief, arguing that plea counsel was ineffective for guaranteeing that evidence about ...

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Criminal Law: Criminally Negligent DWI-Sufficiency of Evidence

Defendant appealed from his conviction for criminally negligent DWI. Defendant presented no evidence or testimony at trial, and the jury returned a verdict in six minutes. On appeal, the court found defendant’s brief woefully deficient in its compliance with Rule ...

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