Abuse of Discretion – Ex Parte Communication

By: Derek Hawkins//October 5, 2020//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Earl R. Orr

Case No.: 19-1938

Officials: MANION, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Abuse of Discretion – Ex Parte Communication

A search warrant for illegal drugs at the home of Earl Orr led to his arrest for possessing a firearm as a felon. After a two-day trial, a jury found him guilty. Orr appeals a number of decisions made by the district court before and during that trial.

We conclude that the district court properly denied Orr’s motion to suppress evidence. But Judge Bruce, who presided over this case at trial, had engaged in improper ex parte communications with the U.S. Attorney’s Office in other matters. That cast a pall over certain decisions in this case which required the exercise of substantial discretion. This was not harmless error, so we vacate Orr’s conviction and remand for further proceedings before a different judge.

Vacated and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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