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Case Digests

Aug 30, 2016

Ineffective Assistance of Counsel

Appellant suffered no prejudice from attorney highlight of appellant shortcomings to the jury.

Aug 30, 2016

Suppression of evidence

Body armor worn by appellant was properly denied suppression as the pat down that revealed the body armor was valid and lawful.

Aug 30, 2016

Waiver of Inadmissibility

Board of immigration overturn of waiver of inadmissibility was a discretionary decision. As a result, the court lacked jurisdiction as its jurisdiction extends only to legal or constitutional issues.

Aug 30, 2016

ERISA Violations – Employee Stock Plan

Plaintiff properly alleged a prohibited transaction and a breach of fiduciary duty in their pleadings.

Aug 30, 2016

8th Amendment violation

The risk of serious harm was substantial where prison guards forced appellant to walk down stairs unassisted while handcuffed when milk, garbage and other debris were on the stairs

Aug 30, 2016

Court Error – Sentencing Guidelines

Judge erred by failing to provide explanation for sentencing conditions and failing to calculate guideline range.

Aug 30, 2016

Ineffective Assistance

Appellant failed to present a claim for ineffective assistance based on federal due process

Aug 30, 2016

Motion to vacate – Ineffective Assistance of Counsel

Appellant entitled to evidentiary hearing to determine if but for attorney error, the government would negotiate a deal with less prison time.

Aug 30, 2016

Photo Identification law – Petition for hearing en banc

“Given the State’s representation that “initiation” of the IDPP means only that the voter must show up at a DMV...

Aug 30, 2016

Trademark Infringement – Continuity of Use

7th Circuit Court of Appeals Case Name: S.C. Johnson & Son, Inc., v. Nutraceutical Corporation, et al. Case No.: 15-3337 Officials: WOOD, Chief Judge, and FLAUM and WILLIAMS, Circuit Judges Focus: Trademark Infringement – Continuity of Use District Court abused discretion by entertaining SC Johnson post-trial argument that respondent did not have continuity of use […]

Aug 29, 2016

Sentencing

Judge justified imposing sentence above guidelines

Aug 29, 2016

Removal proceedings

Court to consider a new framework for judging crimes involving moral turpitude

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