Case law

United States v. Dennis G. Antzoulatos

962 F.2d 720 · Court of Appeals for the Seventh Circuit · May 29, 1992

Even if we were to accept that Antzoula-tos has a generalized liberty interest in selling lawfully acquired cars, we do not believe that the interest stretches so widely to immunize Antzoulatos’ conduct in this case. … The district judge’s determination in this regard is a finding of fact that we may overturn only if it is clearly erroneous. United States v.

United States v. John P. Bogden

865 F.2d 124 · Court of Appeals for the Seventh Circuit · Dec 30, 1988

Clearly, one can “knowingly have direct physical control” over an object without owning it. … Such measurement testimony was sufficient to establish the length of the gun. United States v. Crowell, 559 F.2d 1084, 1085 (7th Cir.1977).

National Railway Labor Conference v. International Association of MacHinists and Aerospace Workers

830 F.2d 741 · Court of Appeals for the Seventh Circuit · Sep 21, 1987

In M-K-T the Court held that injunctions restraining unions from striking during minor disputes could be qualified by conditions against self-help by the railroad “at least where they [the conditions] are designed not only … Despite the contrary arguments of the unions we do not think this finding clearly erroneous, and when this dispute is viewed in its light we are *748 constrained to conclude that even applying substantial impact analysis,

United States v. Benson

561 F.3d 718 · Court of Appeals for the Seventh Circuit · Apr 6, 2009

Courts have not been hesitant in finding tax protesters’ activities to qualify as plans. … Finally, Benson’s Fifth Amendment claim need not delay us because the government asked the district court to issue an order of immunity in connection with Benson’s compelled act of producing his customer list.

Sussman v. Jenkins

636 F.3d 329 · Court of Appeals for the Seventh Circuit · Apr 28, 2011

Sussman had failed to establish substandard performance.  Clearly, however, the state court cannot both assume deficient performance and hold that counsel’s performance was not deficient.   …  established law in light of Strickland and was contrary to Arizona v. 

Joshua Kanter v. CIR

Court of Appeals for the Seventh Circuit · Dec 1, 2009

That evidence, the Commissioner believes, establishes that money flowed from the Five to Kanter, Lisle, and Ballard. … To determine whether someone qualifies as a partner, this court consults whether, considering all the facts—the agreement, the conduct of the parties in execution of its provisions, their statements, the testimony

Frances B. Smith v. Board of Education of the City of Chicago, a Body Politic

853 F.2d 517 · Court of Appeals for the Seventh Circuit · Jul 22, 1988

Temporary employees are those who have not taken, or been qualified by, an examination given by the City of Chicago. … But the rules, even if constitutional in their application, seem clearly deficient in allowing this bizarre scenario to unfold.

Daryl A. Schultz, Norita J. Schultz v. David R. Dubois, Personally and as Trustee, Robert E. Grant, Personally and as Judge

47 F.3d 1173 · Court of Appeals for the Seventh Circuit · Feb 16, 1995

Sec. 522 (1) and Fed.R.Bankr.P. 4003, which establish procedures allowing debtors to list property that is exempt from the estate and thus is not to be sold. … Thus, the Schultzes' complaint is frivolous as the defendants are clearly immune from suit. 3 4 We hold that the Schultzes' in formal pauperis complaint is frivolous, and the trial court's dismissal of the same was proper

Goldblatt Brothers, Inc. v. The Home Indemnity Company

773 F.2d 121 · Court of Appeals for the Seventh Circuit · Aug 30, 1985

The district court initially found that, since the accident occurred at a clearly covered location, it met the test under the Declarations of having occurred "at or from" such a covered workplace. … We believe the prepositions "at or from" used in connection with "workplace" are intended to establish the relationship of "operations" involving an employee to a workplace.

Alvear-Velez v. Mukasey

540 F.3d 672 · Court of Appeals for the Seventh Circuit · Sep 2, 2008

Alvear-Velez’s conviction for sexual assault did not qualify as an aggravated felony, see 8 U.S.C. § 1101 (a)(43) (1995). … Alvear-Velez’s 1993 Illinois conviction for sexual assault did qualify as an aggravated felony.

Adrianna Brown v. Columbia Sussex C

664 F.3d 182 · Court of Appeals for the Seventh Circuit · Dec 15, 2011

be found in Fed.R.App.P. 4(a)(4)(B), which tolls an appeal during the pendency of certain post-judgment motions if a litigant’s notice of appeal is filed after a final judgment has been rendered but before at least one qualifying … But a decision that functionally ends the litigation for a party can hardly be considered “clearly interlocutory.”

United States v. Richard Buonomo

441 F.2d 922 · Court of Appeals for the Seventh Circuit · May 10, 1971

Constitutional immunity from double jeopardy is a personal right which if not affirmatively pleaded at the time of trial will be regarded as waived. Ferina v. … We find in this affidavit sufficient support for the establishment of probable cause and issuance of the warrant. See United States of America v.

United States v. Rafael Mercado Berrios

53 F.4th 1071 · Court of Appeals for the Seventh Circuit · Nov 18, 2022

Mercado also established that Alexis had not used marijuana. … Beyond these two comments by Carter as Alexis, Mercado points to what he believes are “plus” factors that qualify the government’s conduct here as inducement. We consider each in turn. 1.

United States v. Benabe

654 F.3d 753 · Court of Appeals for the Seventh Circuit · Aug 18, 2011

He claimed to be “sovereign” and immune from prosecution. Benabe later joined Delatorre in this effort to thwart the proceedings by his own assertions of “sovereignty” and immunity. … Both clearly knew at that point what would happen if they refused to promise on the record and in open court to refrain from any further outbursts.

Chicago Joint Board v. Chicago Tribune Company

435 F.2d 470 · Court of Appeals for the Seventh Circuit · Dec 17, 1970

Adams, 345 U.S. 461 , 73 S.Ct. 809 , 97 L.Ed. 1152 , involved the refusal of a private political association to permit otherwise qualified Negroes to participate in private elections which action, for all practical purposes … The figures clearly establish that neither of these defendant publishers approaches a monopoly position.

Hartz v. Friedman

919 F.2d 469 · Court of Appeals for the Seventh Circuit · Dec 4, 1990

Clearly, the Hartzes were the only victims. … The district court judge clearly expressed his conclusion that the plaintiffs had not "established that there is any threat of continuing racketeering activity," and cited many cases in support. Mem. op. at 8.

Saint Anthony Hospital v. Elizabeth M. Whitehorn

Court of Appeals for the Seventh Circuit · Apr 25, 2024

forth our established method for ascertaining unambiguous conferral. … “[W]hat matters is whether Congress has authorized a waiver of sovereign immunity that is ‘clearly discernible’ from the sum total of its work.”

United States v. Larson, Dwight

Court of Appeals for the Seventh Circuit · Aug 5, 2005

Moreover, Palmer cannot establish that he was prejudiced by the delay. “Prejudice is caused by delays intended to hamper defendant’s ability to present his defense.” United States v. … This finding was not clearly erroneous.

United States v. Turner

651 F.3d 743 · Court of Appeals for the Seventh Circuit · Jul 11, 2011

Because Turner did not object at trial, he must establish “not only that the remarks denied him a fair trial, but also that the out- come of proceedings would have been different absent the remarks.” … The prosecutor’s remarks were, at the very least, not so clearly improper that the trial judge was derelict in his duty for countenancing them, even absent any timely objection by the defense.

United States v. Otis Sykes

885 F.3d 488 · Court of Appeals for the Seventh Circuit · Mar 19, 2018

Yet, if Ross’ testi- mony is believed, Faulkner does not contest that it establishes that he ordered the Carr shooting. … Sykes does not clearly delineate whether he pursues a procedural or substantive chal- lenge to the sentence.