Informational

I recently had the honor of being invited to speak on a podcast with Adam Klasfeld. As Mr. Klasfeld explains: On the latest episode of Law & Crime’s podcast, “Objections: with Adam Klasfeld,” appellate attorney Christopher Keleher, who also wrote the University of San Francisco Law Review article “The Repercussions of Anonymous Juries” in 2010, details the fascinating history of anonymous juries, laying out their benefits and drawbacks.

Mr. Klasfeld and I also spoke about the possibility of an anonymous jury in the trial of former President Trump and Jean Carroll.
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The Honorable William J. Bauer has stepped down from his post as a judge on the United States Court of Appeals for the Seventh Circuit. He served that position since 1974 with fairness, kindness, and wit. He will be missed by both bench and bar. I had the honor of serving as a clerk for Judge Bauer, and it was the highlight of my legal career.
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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 dissent from Judge Diane Wood.
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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 v. Sheriff Thomas Dart, No. 19-3435.
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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 2021. This is a 13% drop from 2017. Pro se appeals, which accounted for 48% of filings, fell 9%.
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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 if the appellate waiver is unambiguous and the record demonstrates the defendant voluntarily entered into the agreement. Federal criminal appeals cases are replete with defendants being stymied by their own waiver.

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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 Circuit quickly dispensed with the merits, which it deemed "open and shut," and delved into the conduct of appellate counsel.
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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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The aim of this blog is to provide readers with the latest developments in appellate litigation, both state and federal, firm news, and other random musings. We hope you find it informative and interesting.

Thanks for reading!

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