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   Federal Courts - 7th Circuit Court of Appeals - March 20, 2007

  
JCW Invs., Inc. v. Novelty, Inc., No. 05-2498, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2007, Decided
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Overview: Toy maker was liable for copyright infringement in violation of 17 U.S.C.S. § 501 where it had access to a copyrighted doll, used it as the basis for its own doll creation, and produced a doll that was substantially similar to the copyrighted version. The dolls were so similar that an inference of copying could be drawn even without access.

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Johnson v. Chandler, No. 06-2259, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2007, Decided
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Overview: Pursuant to 18 U.S.C.S. § 3006A(a)(2)(B), appellate court granted attorney's motion for appointment nunc pro tunc so he could be compensated for his work on petitioner's appeal from district court's denial of his habeas petition because appellate court had benefitted from attorney's representation of petitioner.

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Johnson v. Chandler, No. 06-2259, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2007, Decided
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Overview: District court erred in finding that a state inmate's habeas petition was timely under 28 U.S.C.S. § 2244(d)(2), as the district court improperly calculated the time during which the limitations period was tolled. Neither the inmate's pro se status nor his incarceration constituted extraordinary circumstances that would warrant equitable tolling.

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United States v. Dilworth, No. 06-2631, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2007, Decided
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Overview: District court did not commit any reversible errors when it imposed a within-guidelines 57 month sentence on defendant, after he pleaded guilty to 18 U.S.C.S. § 841(a)(1) crack cocaine possession with intent to distribute offense. The evidence supported adoption of gun possession enhancement. District court considered 18 U.S.C.S. § 3553(a) factors.

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Williams v. Bartow, No. 05-4736, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2007, Decided
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Overview: Decision of the state court of appeals which affirmed the trial judge's declaration of a mistrial was not an unreasonable application of clearly established federal law because it recognized that an appellate tribunal gave a broad range of discretion to a trial judge in estimating the degree of juror bias precipitated by a remark of counsel.

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