By: Derek Hawkins//April 18, 2016//
7th Circuit Court of Appeals
Case Name: Ricky Hall v. Jaeho Jung
Case No.: 15-2102
Officials: BAUER, MANION, and KANNE, Circuit Judges.
Focus: Preserving the Record – Abuse of discretion
Appellant fails to memorialize prior proceedings relevant to claim and precludes court from reaching a decision on the merits.
“While we have held that an unconditional ruling on a pretrial motion generally preserves the issue for appeal, an unconditional ruling “resolves only the arguments actually presented.” Wilson v. Williams, 182 F.3d 562, 567 (7th Cir. 1999) (“[o]nly arguments that were actually presented to the district court before trial are preserved for appeal”). Because Hall’s pretrial motion addressed only expert testimony in rebuttal of expert testimony (and not in rebuttal of the officers’ lay witness testimony), it does not preserve the issue for appeal.”
Affirmed