Daneta L. Wollmann
How Judge Wollmann decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In suppression rulings Wollmann reaches the good-faith exception even after finding a warrant particularity defect: where officers carried the warrant/affidavit/attachment to the search and relied on them reasonably, suppression is not recommended because exclusion would not appreciably deter misconduct.
“the court overrules Jesse's objection that the search team's actions were not objectively reasonable and adopts Magistrate Judge Wollmann's conclusion that the good-faith exception applies.”
Procedural preferences
On prisoner habeas, Wollmann enforces the gatekeeping rules strictly: a second/successive 2254 petition is recommended for dismissal without prejudice unless the petitioner first obtains Eighth Circuit authorization under 2244(b)(3)(A).
“The magistrate judge recommended the court dismiss this petition without prejudice because Mr. Gard failed to obtain permission from the United States Court of Appeals for the Eighth Circuit as required by 28 U.S.C. 2244(b)(3)(A).”
On 2255 timeliness Wollmann applies equitable tolling narrowly: a disruption (e.g. a hurricane) affecting only the tail of the one-year period, with no diligence over the preceding months, does not toll the limitations period.
“The Magistrate Judge explains that the hurricane may have impeded LeBeau's ability to file his 2255 motion in 'the last 42 days of the filing time period; however, he offers no explanation for the preceding 323 days.'”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 2 |
Granted: 2 | counts only |
| Motion to suppress N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the report and recommendation (Docket 11) is adopted as supplemented by this order. ... respondents' motion to dismiss the petition (Docket 8) is granted.”
“respondent's motion to dismiss (Docket 9) is granted. LeBeau's motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 (Docket 1) is dismissed with prejudice. ... the Magistrate Judge's report and recommendation (Docket 29) is adopted in full.”
“the report and recommendation (Docket 264) denying Jesse Sierra and Dustin Sierra's motions to suppress is adopted as modified by this opinion. The motion to suppress (Docket 228) is denied.”