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Tag Archives: 7th Circuit Digest

Court Error – Jury Instructions

Nicole Eason and her husband Calvin Eason were indicted on two counts of kidnapping (one for each child kidnapped), in violation of a federal statute that so far as relates to this case punishes “(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—(1) the person is willfully transported in interstate or foreign commerce.”

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Sentencing

Rod Blagojevich was convicted of 18 crimes committed while he was Governor of Illinois. The district court sentenced him to 168 months’ imprisonment. Our initial opinion vacated five of the convictions but affirmed the others and remanded for a potential retrial on the five vacated charges and for resentencing.

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Frivolous Appeal

Ennis Brown, a Wisconsin state prisoner, appeals the dismissal of a suit in which he charged the Wisconsin State Public Defender’s Office, and others, with violating what he claims to be his constitutional right to represent himself on appeal. 42 U.S.C. § 198

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Duty to Defend

This appeal illustrates a recur‐ ring issue for liability insurers and their insureds: how to determine whether the insurer owes a duty to defend its insured when a claim is first asserted against the insured, before the insurer knows the underlying facts.

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Premature Dismissal – 8th Amendment Violation

Mark Weiss, a Wisconsin inmate, claims in this suit under 42 U.S.C. § 1983 that Department of Corrections employees failed to prevent a February 26, 2014, assault by his cellmate that resulted in a broken ankle for Weiss, and that they left his broken ankle untreated for months in violation of the Eighth Amendment to the Constitution, which of course forbids cruel and unusual punishments.

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Title VII

Title VII of the Civil Rights Act of 1964 makes it unlawful for employers subject to the Act to discriminate on the basis of a person’s “race, color, religion, sex, or national origin … .” 42 U.S.C. § 2000e-2(a).

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Sex Offender Registration

In Nichols v. United States, 136 S.Ct. 1113 (2016), the Supreme Court held that a sex offender was not required under the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. § 2250, to update his registration in the state where he had been residing, after he left his home and moved to a new place.

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Judgment Against Foreign Nation

In 2003, a 7-year-old Israeli girl was killed, her 3-year-old sister (an American citizen) permanently disabled, and six Israeli members of the children’s family (two other siblings of the Israeli girl plus her parents and grandparents) were injured emotionally, when the minivan they all were riding in on a highway in Jerusalem was shot up by members of Palestine Islamic Jihad, a terrorist group supported by the government of Iran.

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Sentencing

Following a sting operation, Timothy Hilliard was charged with ten counts relating to numerous controlled sales of heroin, a heroin‐for‐guns trade, and a gun and heroin found during the execution of a search warrant at his home.

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