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| Aguilar v. Endicott, No. 07-1039,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: Inmate's § 2254 petition was properly denied because Wisconsin Department of Corrections had authority to decide how to discipline inmate for incident that occurred in Oklahoma as Oklahoma facility had not disciplined him first, and state court's resolution of inmate's due process claims did not run afoul of United States Supreme Court precedent.
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| Bd. of Educ. v. Ross, No. 05-3700,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: Public school district did not violate the Individuals with Disabilities Education Act by removing a child with Rett syndrome from mainstream classrooms and providing special placement instead because, due to violent incidents and disruptions, the special placement was justified and did not deny the child a free appropriate public education.
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| First Nat'l Bank v. Cincinnati Ins. Co., Nos. 05-4762, 06-1144 & 06-2044,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: Bank's loss, sustained because it extended credit based on vehicle leases which proved to be forgeries, was covered by the Bankers Blanket Bond. Insurer's argument that "Exclusion H" applied because bank employees caused the loss was a nonstarter. Exclusions did not operate as complete cancellations of coverage granted in the insuring agreements.
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| Nissan N. Am., Inc. v. Jim M'Lady Oldsmobile, Inc., No. 05-1786,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: Car manufacturer's 9 U.S.C.S. § 4 motion to compel arbitration was properly denied because written agreement with car dealership, which contained arbitration clause, had expired. Only written arbitration agreements were enforceable under § 4. Implied contract arising from parties' subsequent course of conduct did not include arbitration agreement.
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| Ross v. Bd. of Educ., No. 06-2060,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: District court properly held that res judicata doctrine applied to bar parents' disabled daughter from asserting ADA and 29 U.S.C.S. § 794 disability discrimination claims against school district defendants. School district had been granted summary judgment as to those claims when they were asserted as counterclaims by parents in a prior IDEA suit.
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| United States v. Brown, No. 05-4365,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: District court properly declined to suppress crack cocaine that was found in defendant's crotch area during a search; the search was incident to arrest, as defendant was clearly under arrest when he was handcuffed and placed in a police car after struggling with officers, and the search was no more intrusive than necessary.
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| United States v. Coleman, No. 05-4573,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: Defendant's sentence was vacated and remanded because eight years, not 10, was the minimum term of supervised release applicable to his drug conviction under 21 U.S.C.S. § 841(b)(1)(B).
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| United States v. Jordan, No. 05-2673,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: District court did not err in requiring defendant to participate in drug or alcohol abuse treatment program and abstain from alcohol during program as condition of supervised release under USSG § 5D1.3(d)(4) because it was defendant's third drug-trafficking conviction and he had three prior state charges for "personal use" amounts of drugs.
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| United States v. McGaughy, No. 05-2234,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: District court did not err in denying defendant's request for evidentiary hearing on motion to suppress because he failed to articulate what facts had to be adduced at evidentiary hearing to inform district court's analysis or how district court's determination of probable cause would have been different if his version of facts were accepted.
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| United States v. Tucker, No. 06-1712,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 11, 2007, Decided
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Overview: District court's violations of Fed. R. Crim. P. 11 were harmless because defendant specifically acknowledged in his plea agreement that the sentencing guidelines would affect the sentence, that he waived the right to confront and cross-examine witnesses at trial, and that his statements could be used against him.
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