Case law

United States v. Reginald Davis

Court of Appeals for the Seventh Circuit · Jul 20, 2009

To correct the prejudicial effects of Miller, we have established remand procedures for crack offenders sentenced prior to Kimbrough. … Because “this circuit clearly and consis- tently has refused to recognize any defense based on either ‘sentencing manipulation’ or on asserting ‘outra- geous government conduct,’ ” White, 519 F.3d at 346, Davis’ manipulation

United States v. Mohammed Farhad Khorrami

895 F.2d 1186 · Court of Appeals for the Seventh Circuit · Jun 5, 1990

Winand, a United States Secret Service Qualified Documents Examiner, testified that his analysis of the handwriting in both of the letters the Jewish National Fund received, led him to the conclusion that it was “highly probable … We need not resolve the question of whether authorship is an essential element of a violation of 18 U.S.C. § 876 because, as will be clear in our discussion of the proof the government presented, the evidence was clearly

76 Fair empl.prac.cas. (Bna) 946, 72 Empl. Prac. Dec. P 45,256 Frank L. Fisher v. Wayne Dalton Corporation, Frantz Division of Wayne Dalton Corporation, and Frantz Manufacturing Company

139 F.3d 1137 · Court of Appeals for the Seventh Circuit · Mar 24, 1998

Therefore, this circumstantial evidence is insufficient to establish age discrimination. … Additionally, Harms' Deposition indicates, although not clearly, that he knew of some of the impending RIF changes prior to their implementation 2 Fisher objects to the use and interpretation of a report prepared by Ronald

United States v. Anthony Dismuke

Court of Appeals for the Seventh Circuit · Jan 27, 2010

failed to establish probable cause and that he should not have applied for the warrant.’ ” Koerth, 312 F.3d at 869 (quoting Malley v. … Young, 580 F.3d 373, 377 (6th Cir. 2009) (holding that the Michigan fleeing statute’s requirement of “willful” failure to stop “clearly involved” purposeful conduct); United States v.

Sheehan, Regina v. Donlen Corporation

Court of Appeals for the Seventh Circuit · Oct 28, 1999

Venters, 123 F.3d at 973 ("But the evidence need not be this obvious to qualify as direct evidence."). … She was an undisputedly qualified employee with a long and hitherto substantially unbroken work history. Evidence was given that comparable jobs were available.

United States v. Judd Hirschberg and Richard D. Lowrance

988 F.2d 1509 · Court of Appeals for the Seventh Circuit · Jun 1, 1993

The prosecution objected to the evidence and argued that it did not clearly reveal bias. The prosecution also argued that damaging explanatory evidence would be offered to rehabilitate the witness. … Rule 702, however, applies to witnesses that are qualified as experts, and the defense did not seek to qualify the witness as an expert. (Tr. 1188). Therefore, Rule 702 does not apply.

Eddie Lee Fryer v. United States

243 F.3d 1004 · Court of Appeals for the Seventh Circuit · Mar 2, 2001

Fryer’s case is clearly distinguished from that of Old Chief . As the record indicates, Fryer objected to stating the offense but did not offer to stipulate. … The district court made a good faith interpretation of existing precedent during Fryer’s trial and did not proceed in a manner contrary to or which was an unreasonable application of clearly established federal law as determined

Clarence Eugene Wilson v. Leo J. Meyer, Warden

665 F.2d 118 · Court of Appeals for the Seventh Circuit · Nov 16, 1981

This rule has been partially qualified in Burks v. … If Wilson’s felony murder conviction had been determined on appeal to have been based upon insufficient evidence, clearly no reprosecution could have been permitted. Burks v.

TOWN OF SOUTH WHITLEY, WHITLEY COUNTY, INDIANA, Plaintiff-Appellant, v. CINCINNATI INSURANCE COMPANY, Defendant-Appellee

921 F.2d 104 · Court of Appeals for the Seventh Circuit · Dec 26, 1990

The Indiana statutes relied upon by the district court establish a “town” as a legal entity intended to regulate local public affairs. … Clearly, Exclusion (h)(2) conceives of South Whitley exercising deci-sionmaking authority and implementing policy.

United States v. Jaimes-Jaimes, Rene

Court of Appeals for the Seventh Circuit · May 4, 2005

. § 941.20(2)(a), an offense he concedes qualifies as an aggravated felony, see 8 U.S.C. § 1101(a)(43)(F). … (finding argument waived because failure to raise it in district court “was clearly a strategic decision rather than a mere oversight”); United States v.

Emil Roman and Dochita Roman, 1 v. Immigration and Naturalization Service, and Janet Reno, Attorney General of the United States

233 F.3d 1027 · Court of Appeals for the Seventh Circuit · Dec 5, 2000

Clearly the management of the government owned airline for which [Mr. Roman] worked viewed him as not supporting the Communist Party philosophy.” R.3. … Asylum To qualify for asylum, Mr.

United States v. Walls

59 F. App'x 876 · Court of Appeals for the Seventh Circuit · Feb 27, 2003

. §§ 841 (a)(1), (b)(1)(C), the district court imposed concurrent 120-month prison terms based, in part, on its determi *877 nation that Walls’ two prior felony drug convictions qualified her as a career offender under the … Because the record is devoid of evidence establishing that Walls jointly planned the two offenses, or that one offense necessarily entailed the commission of the other, the district court did not clearly err by finding that

Doris Keeton v. Morningstar, Incorp

667 F.3d 877 · Court of Appeals for the Seventh Circuit · Jan 13, 2012

Clearly, the court did not draft its well-reasoned, eleven- page Opinion and the accompanying judgment in the twenty-three minutes after Keeton filed her motion. … Keeton’s retaliation claims fail because she is unable to establish a prima facie case.

Natalie Johnson v. C. R. Bard, Inc.

77 F.4th 641 · Court of Appeals for the Seventh Circuit · Aug 11, 2023

Bard argued that it qualified for the presump- tion because its filter received “510(k) clearance” from the fed- eral Food and Drug Administration (FDA). … Bard does not explain what within these guidance documents establishes “relevant” standards regarding risks of filter migration or fracture.

Anthony Simpkins v. DuPage Housing Authority

Court of Appeals for the Seventh Circuit · Jun 20, 2018

He also points  out  that  DHA  often  hired  other  individuals  to  do specialized work that he was not qualified to do.  … CONCLUSION For the foregoing reasons, the district court’s judgment is vacated, the dismissed state law claims are reinstated, and the case is remanded for a trial to conclusively establish the facts surrounding the parties

Francis N. Marrocco, Individually, and as Father and Next Friend of Francis A. Marrocco and Stefani Marrocco, Minors, Donna Marrocco, and Madlaine Marrocco v. General Motors Corporation, John E. Jones and Janice Jones v. Goodyear Tire and Rubber Company

966 F.2d 220 · Court of Appeals for the Seventh Circuit · Jul 7, 1992

The conduct of their experts and attorneys clearly transgressed the court's protective order: they arranged for Francis Marrocco to have the yard where his car was kept opened during the weekend--when it would otherwise be … However, in our view the plaintiffs' wilful and unexcused violations of the protective order here certainly qualify as "contumacious conduct."

Portage Plastics Company, Inc. v. United States

486 F.2d 632 · Court of Appeals for the Seventh Circuit · Mar 2, 1973

Plaintiff did not establish a sinking fund to provide for the retirement of the obligations within the time periods provided. Mrs. … In the aggregate, these factors were found clearly to outweigh those suggesting that the advances constituted loans.

Anthony Simpkins v. DuPage Housing Authority

Court of Appeals for the Seventh Circuit · Jun 20, 2018

He also points  out  that  DHA  often  hired  other  individuals  to  do specialized work that he was not qualified to do.  … CONCLUSION For the foregoing reasons, the district court’s judgment is vacated, the dismissed state law claims are reinstated, and the case is remanded for a trial to conclusively establish the facts surrounding the parties

United States v. Freeman

650 F.3d 673 · Court of Appeals for the Seventh Circuit · Jun 17, 2011

That is, Napue only applies when the truth or falsity of the testimony can be established. The government’s argument is misplaced. For one, Williams’s false testimony was conclusively established. … The defense attorneys’ cross-examination was, at times, effective in qualifying, minimizing, or casting doubt on the testimony of Demarquis Williams and Ralph LaSalle.

Graham Hospital Ass'n v. Heckler

739 F.2d 285 · Court of Appeals for the Seventh Circuit · Jul 19, 1984

In implementing this statutory provision, the Secretary of Health and Human Services (“Secretary”) has set forth regulations that establish the method to be used to determine reasonable cost limitations. … "Indeed, the fact that a review procedure exists for appealing a provider's classification suggests that the classification should be based on all the relevant factors rather than application of a clearly arbitrary mileage