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United States Court of Appeals

Mar 31, 2011

09-3577 Jones v. Basinger

United States Court of Appeals CRIMINAL OPINIONS Habeas Corpus Confrontation Clause Where a state court judge admitted double hearsay against a defendant as substantive evidence to prove the defendants’ guilt, his federal habeas corpus petition should have been granted. “To think that any amount of instruction would enable a jury to disregard the damning substance […]

Mar 24, 2011

10-1737 U.S. v. Johnson

Sentencing Reasonableness Where the district court did not find that a life sentence was sufficient, but not greater than necessary, to comply with sec. 3553(a)(2), the sentence must be vacated. “The essence of Kimbrough is to permit district courts to depart from the advisory ratio when its application would result in a sentence that is […]

Mar 24, 2011

10-1831 U.S. v. Mitchell

Criminal Procedure Right to counsel It did not violate a defendant’s right to counsel for the court to make disparaging remarks about how many different lawyers he had had. “We agree that it would be constitutionally problematic for a district court to punish a defendant at sentencing for the exercise of his Sixth Amendment right […]

Mar 24, 2011

10-2178 U.S. v. Swanson

Criminal Procedure Miranda warnings Where police interrogated a suspect for 45 minutes without reading him his Miranda rights, his incriminating statements should have been suppressed. “When the officers arrested Swanson they presented an arrest warrant stating that he was charged with unlawful possession of a firearm. They simultaneously gave him a court order that directed […]

Mar 24, 2011

10-3062 & 10-3068 BCS Services, Inc., v. Heartwood 88, LLC

RICO Damages Where the plaintiffs alleging bid-rigging in a RICO case made a prima facie case of $5 million in damages, summary judgment was improperly granted to the defendants. “The statistical evidence in this case would be enough, when combined with evidence also presented by the plaintiffs of the average profit they made on the […]

Mar 24, 2011

09-3448 Stamat v. Neary

Bankruptcy Denial of discharge Where the debtors made numerous material omissions, displaying a reckless disregard for the truth, they were properly denied discharge of their debts. “Some bankruptcy courts examining ‘ordinary course,’ both in the section 727 context and in others, have found that the payment of living expenses occurs in the ‘ordinary course of […]

Mar 16, 2011

THE DARK SIDE: 7th Circuit needs to enter the 20th Century

I arrived at work the other morning, all caffeinated and nicotined-up, excited about corrupting the youth of Milwaukee, the same as I do every other day.

Sep 7, 2010

09-3017 Mozdzen v. Holder

United States Court of Appeals CIVIL OPINIONS Immigration Removal Even if aliens did not engage in fraud in obtaining I-551 passport stamps, they are removable where they did not obtain them leally. “The Mozdzens argue that they were lawfully admitted in 1999, but the definition of admission for an alien and someone with LPR status […]


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