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Ineffective Assitance of Counsel
Frank Jakubiec appeals a judgment convicting him of arson with intent to defraud as a party to a crime.
6th Amendment Violation
7th Circuit Court of Appeals Case Name: Maurice Evans v. Stephanie Dorethy Case No.: 15-3531 Officials: WOOD, Chief Judge, and BAUER and KANNE, Circuit Judges. Focus: 6th Amendment Violation Appellant states improper factual element in appeal. “The problem with Evans’s reasoning, however, is that he cannot establish a Sixth Amendment violation because “independent felonious intent” [&helli[...]
Jurisdiction
District court failed to hold defendants to their burden of demonstrating that India was adequate forum for litigation.
Court Error – 1st Amendment
Statements made to colleagues and FBI by appellant regarding voided citations improperly held as unprotected by the 1st amendment.
Hearsay Evidence
State court admittance of hearsay evidence did not violate 6th amendment rights of appellant
Writ of Habeas corpus
Evidence does not support the notion the appellant guilty plea was involuntary
FDCPA Violation
Unpaid parking fees and nonpayment penalties are considered debts within the meaning of FDCPA, therefore the obligations that arise from a transaction is a debt and an attempt to collect it apply, obligating the Respondent to comply with FDCPA procedures.
Single Recovery Rule
Because appellant federal and state suit involved indivisible sets of injuries for which appellant has already been compensated, appellant is barred from recovering again by the single-recovery rule.
Pension Benefits
Quarterly payments to appellant for Board Service were not included in the pension plans, which only covered salary.
FDCPA Violation
District court did not err in concluding that appellants failed to state a claim for relief under FDCPA.
Polls
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