Category: Uncategorized

The Seventh Circuit evenly split on an en banc petition this week, five to five in Johnson v. Prentice, No. 18-3535. The tie vote meant the panel decision stood, and thus the Court would not hear the case en banc. The issue generated a concurrence from Judge Michael Scudder and a passionate...

Litigants who prevail at summary judgment must be cautious at the appellate level. While it is tempting for counsel to portray the facts in their client’s best interests, federal appellate precedent is very clear that this is a bad idea. That lesson was reflected by the recent Seventh Circuit decision of Ziccarelli...

The United States Supreme Court recently issued its 2021 year-end report on the federal judiciary. While federal filings fell across the board, appellate filings experienced a notable decline. Continuing its downward trend over the last five years, the number of federal appellate filings decreased 8% from 48,190 in 2020 to 44,546 in...

Most federal criminal cases are resolved through plea agreement. As a condition to such a plea, defendants often agree to waive their statutory right to appeal their conviction and sentence. While the appellate waiver wording varies by case, such waivers are generally enforceable in the Seventh Circuit Court of Appeals. Enforceability exists...

Today, the Seventh Circuit issued a scorching opinion in the criminal appeal of United States v. Witkemper. The case concerned a small business owner who failed to withhold federal payroll taxes from his employees’ wages. In a bench trial, the district court found him guilty of not paying the taxes. The Seventh...

I had the honor of being published in this month's edition of the Illinois Bar Journal. The article is entitled, "Defining Lewdness: Illinois Courts Struggle For Consistency." It examines a contentious issue that has the potential to ensnare many as the use of smart phones continues to proliferate.

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