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Topic: United States Court of Appeals for the Seventh Circuit


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In the News (Wed 9 Dec 09)

  
 United States Court of Appeals for the Seventh Circuit - Wikipedia, the free encyclopedia
Gresham was appointed as a circuit judge for the Seventh Circuit in 1884 by Chester A. Arthur.
Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help.
Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion.
en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Seventh_Circuit   (582 words)

  
 In the United States Court of Appeals For the Seventh Circuit
Appeal from the United States District Court for the Eastern District of Wisconsin.
United States, 518 U.S. Departure is proper only when "the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described." 18 U.S.C. sec.3553(b).
Ideally, a district court, even in the face of a muddled presentation by counsel, informs the parties (and the appellate court) of the arguments it is addressing, its actions on those arguments, and the analytical process employed in reaching its decision.
www.johnldavidson.com /in_the_united_states_court_of_ap.htm   (2200 words)

  
 [No title]
The court of appeals began its analysis of the jurisdictional issue by examining the exception to the Federal Circuit's jurisdiction in favor of the regional courts of appeals "when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue" (28 U.S.C. 1295(a)(2)).
The court of appeals therefore concluded that, notwithstanding its statutory lack of jurisdiction, it need not transfer a case that "has been fully argued and decided in a situation in which both the statutory meaning is ambiguous /8/ and allowing transfer would defeat the purpose of that statute" (ibid.).
The court of appeals' speculation as to the decision's significance is wholly conjectural.
www.usdoj.gov /osg/briefs/1984/sg840048.txt   (5035 words)

  
 [No title]
Cross-Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Seventh Circuit PARTIES TO THE PROCEEDINGS Petitioner, which filed a motion to intervene in the district court and was appellant in the court of appeals, is the United States.
QUESTION PRESENTED Whether the United States may be estopped from enforcing the final mandate of a court of appeals which provides, in accordance with 28 U.S.C. 2042, that certain unclaimed settlement funds are to be deposited in the federal Treasury "in the name and to the credit of" the United States.
Because the court's mandate is designed to implement 28 U.S.C. 2042, and because the settlement agreements are at odds with the mandate, reversal of the court of appeals' estoppel ruling requires that the reserve fund be returned to the federal Treasury.
www.bna.com /webwatch/sg890313.htm   (1778 words)

  
 Seventh Circuit   (Site not responding. Last check: 2007-10-23)
On appeal Havvard argues that the district court erred in admitting a fingerprint expert's opinion that a latent print lifted from a gun recovered at the house where Havvard was arrested matched an exemplar obtained from him.
The district court recognized that establishing the reliability of fingerprint analysis was made easier by its 100 years of successful use in criminal trials, and appropriately noted that nothing presented at the hearing undermined Meager's testimony.
Most importantly, it is clear from the district court's thorough order that it properly considered the Daubert factors in analyzing Havvard's motion and concluded that fingerprinting techniques have been tested in the adversarial system, that individual results are routinely subjected to peer review for verification, and that the probability for error is exceptionally low.
www.law-forensic.com /havvard.htm   (1992 words)

  
 [No title]
On January 9, 1997, petitioner filed a petition in the court of appeals for a writ of mandamus compelling the district court to rule on the Section 2255 motion.
On February 26, 1997, the court of appeals denied the mandamus petition "[i]n light of the district court's order of February 16, 1997, staying proceedings in the underlying habeas case pending resolution of Mr.
According to petitioner, the district court abused its discretion in granting the stay because it was under the erroneous impression that the pending appeal deprived it of jurisdiction to rule on the Section 2255 motion.
www.usdoj.gov /osg/briefs/1996/w968553a.txt   (1120 words)

  
 Edwards v. United States, 523 U.S. 511 (1998)
Petitioners argued (for the first time) in the Court of Appeals for the Seventh Circuit that the judge’s sentences were unlawful insofar as they were based upon crack.
United States, 515 U.S. (1995) (judge may impose higher Guidelines sentence on offender convicted of possessing marijuana based on judge’s finding that offender also engaged in uncharged cocaine conspiracy).
The judgment of the Court of Appeals is
supct.law.cornell.edu /supct/html/96-8732.ZO.html   (1033 words)

  
 Unregistered Baptist Fellowship
The Seventh Circuit affirmed the judgment of the District Court on August 14, 2000.
Petitioner Church moved the Court to stay enforcement of the judgment pending a review of a petition for certiorari, which petitioner Church proposed to be filed in the United States Supreme Court before November 14, 2000, and to reinstate the initial conditions for the stay as granted on November 10, 1999.
The District Court and the Seventh Circuit erred by misinterpreting and misconstruing the law-fact patterns of cases and authorities decided and announced by this Court to support their respective decisions to find a tax liability of petitioner Church for employer taxes under the facts of this case.
unregisteredbaptistfellowship.com /docs/17nov2000.php   (2687 words)

  
 EPA - TTN NSR The United States Court of Appeals for the Seventh Circuit in Wisconsin Electric Power Co. v. Reilly, ...
However, the court rejected EPA's position on the issue of whether the "actual-to-potential" method--referred to by the court as the "potential to emit concept"--should be used to calculate emissions increases for PSD purposes in this case.
Consequently, by 1987, WEPCO was faced with removing the units from service as they reached their planned retirement dates beginning in the early 1990's, unless it undertook a costly "life extension" program to restore the physical and economic viability of the units and extend their useful life for approximately 20 years.
Consequently, the court found that both the language and expressed purpose of the regulations indicate that EPA applied the regulations properly in using the actual-to- potential test for a proposed modification.
www.epa.gov /ttn/nsr/psd1/p4_48.html   (4392 words)

  
 [No title]
Appeal from the United States District Court for the Northern District of Illinois.
The district court summarized the episode, 704 F.Supp.
If the court chooses a law level (say, only the words the first author employed), then a copier may take the plot, exposition, and all other original material, even though these may be the most important ingredients of the first author's contribution.
www.law.cornell.edu /background/amistad/8992df37.htm   (3322 words)

  
 Nilssen Ole K v. Motorola
Appealed from: United States District Court for the Northern District
The court agreed with Motorola that bifurcating the case was the most efficient way to manage the trial of all of the claims asserted.
The earlier denial of the motion to transfer this case to the Seventh Circuit is vacated and Motorola’s motion to transfer the appeal to the Seventh Circuit is granted.
www.ll.georgetown.edu /federal/judicial/fed/opinions/99opinions/99-1223o.html   (1448 words)

  
 WowEssays.com - Buford V, United States
The Court of Appeals found the functional consolidation question a close one, and wrote, The standard of appellate review may be disparities.
LEGAL ISSUE Should the Seventh Circuit Court consider the convictions of the robberies and drug charge sentence as consolidated for sentencing, and hence related, even if a sentencing court did not enter a formal consolidation order due to logically related and sentencing was joint.
The judgment of the Court of Appeals is affirmed.
www.wowessays.com /dbase/ac4/aie34.shtml   (690 words)

  
 In the United States Court of Appeals For the Seventh Circuit No
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Appeals from the United States District Court for the Western District of Wisconsin.
State officials will be subject to federal contempt sanctions for failing to abide by a federal court's interpretation of the statutes that these officials, not federal judges, are charged with administering.
www.jsonline.com /news/nat/oct99/ruling102699.asp?format=print   (15654 words)

  
 CLAY V. UNITED STATES
In 1997, petitioner Erick Cornell Clay was convicted of arson and distribution of cocaine base in the United States District Court for the Northern District of Indiana.
United States, 154 F.3d 672, 674 (CA7 1998) (per curiam), the District Court stated that “when a federal prisoner in this circuit does not seek certiorari …, the conviction becomes ‘final’ on the date the appellate court issues the mandate in the direct appeal.” App.
The judgment of the United States Court of Appeals for the Seventh Circuit is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.
supct.law.cornell.edu /supct/html/01-1500.ZO.html   (2123 words)

  
 United States Court of Appeals   (Site not responding. Last check: 2007-10-23)
Trial court should not have limited attorney fee award to successful civil rights plaintiff by using the contingency-fee contract between plaintiff and his lawyer to place ceiling on attorney fee award, and by deducting from award all fees allocable to accompanying state law claims.
The state's attorney's office used this report to persuade the court to set George Jones's bond at $250,000, an amount his family could not raise--so George was returned to Cook County Jail.
The Court was speaking of immunity but its discussion is equally relevant to causation, as indeed is implied in a footnote to the Court's opinion.
www.law-forensic.com /cfr_furlong_2.htm   (4946 words)

  
 United States Supreme Court
The Court concluded that, because all of the predicate acts supporting the jury’s finding of a RICO violation had to be reversed, the judgment that petitioners violated RICO must also be reversed, id., at 411.
Certiorari To The United States Court Of Appeals For The Ninth Circuit
The Ninth Circuit reversed, characterizing petitioners’ position as a request for an exception to the per se price-fixing prohibition, and rejecting that request.
clelaw.lib.oh.us /public/decision/US/022806.html   (1257 words)

  
 CITY OF INDIANAPOLIS v EDMOND - Legal Case Documents
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.
Appeal from the United States District Court for the Southern District of Indiana,
The State's use of a drug-sniffing dog, according to the Court's holding, annuls what is otherwise plainly constitutional under our Fourth Amendment jurisprudence: brief, standardized, discretionless, roadblock seizures of automobiles, seizures which effectively serve a weighty state interest with only minimal intrusion on the privacy of their occupants.
www.legalcasedocs.com /120/243/658.html   (3834 words)

  
 CLAY v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT 537 U.S. 522 -- US ...
UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT 537 U.S. CLAY v.
The Seventh Circuit affirmed his convictions on November 23, 1998, and that court's mandate issued on December 15, 1998.
Relying on Circuit precedent, the District Court stated that when a federal prisoner does not seek certiorari, his judgment of conviction becomes final for § 2255 purposes upon issuance of the court of appeals' mandate.
supreme.justia.com /us/537/522/case.html   (3189 words)

  
 Converted file ad
The United States Court of Appeals for the Seventh Circuit has certified questions of Indiana state law for this Court’s consideration pursuant to Indiana Appellate Rule 64.
In addition, an appendix shall be filed containing copies of documents from the federal court case that the parties believe are necessary or helpful for deciding the questions, including, as applicable, the items listed in Appellate Rule 50.
The Clerk is directed to send a copy of this order to the Clerk for the United States Court of Appeals for the Seventh Circuit for distribution to that Court; to the United States District Court, Northern District of Indiana, Hon.
www.ai.org /judiciary/opinions/archive/10130401.ad.html   (475 words)

  
 Libraries of the Seventh Circuit Court of Appeals - Ask Bill - The Best Internet Law Library
United States Statutes at Large, commonly referred to as Statutes at Large, is the official source for the laws and resolutions passed by Congress.
You may also use Cornell's United States Code version, which is generated from the most recent official version of the House of Representatives.
Searchable Supreme Court and Courts of Appeals opinions (from September 1995) and Courts of Appeals opinions (from June 1995) as well as information about the Wisconsin Judicial System, including history of the court, biography and portraits of the justices of the Supreme Court, as well as forms.
www.lb7.uscourts.gov /reflinks.htm   (8845 words)

  
 Separation of powers under the United States Co... - Wikipedia, the free encyclopedia
Separation of powers under the United States Co...
Start the Separation of powers under the United States Co...
Promotional articles about yourself, your friends, your company or products; or articles written as part of a marketing or promotional campaign, may be deleted in accordance with our deletion policies.
en.wikipedia.org /wiki/Separation_of_powers_under_the_United_States_Co...   (205 words)

  
 {M-Q}: Positive Atheism's Big List of Scary Quotations
United States Senator from Wisconsin, Republican, the leading American anti-Communist figure in the late 1940s through the mid-1950s, who began a campaign designed to discredit atheists by linking atheism to Communism; this link became the butt of anti-American remarks made by Soviet cosmonauts (e.g., Gagarin, Titov) during the early years of the Space Race
The adulterer is the enemy of the state, and as such, after being divorced in the divorce court, should be imprisoned by the criminal courts.
Why, if the government of the United States were at war with the Church, we would say tomorrow, to hell with the government of the United States; and if the Church and all the governments of the world were at war, we would say, to hell with the governments of the world.
www.positiveatheism.org /hist/quotes/scar_m.htm   (5203 words)

  
 Aronberg Goldgehn Davis & Garmisa | Attorney Profiles | Mitchell S. Goldgehn   (Site not responding. Last check: 2007-10-23)
Goldgehn’s experience includes preparation of briefs, as well as the presentation of oral arguments before the Illinois Appellate Court, the Supreme Court of Illinois and the United States Court of Appeals for the Seventh Circuit.
, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Seventh Circuit and the United States Supreme Court, and is a member of the Federal Trial Bar.
Litigation in state, federal and bankruptcy court, including appeals to the Illinois Appellate Court, the Supreme Court of Illinois and the United States Court of Appeals for the Fifth Circuit, involving coverage for polybutylene pipe.
www.agdglaw.com /attorneys/msg.htm   (388 words)

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