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| Shell v. United States, No. 04-3890,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 23, 2006, Decided
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Overview: District court properly denied an inmate's § 2255 petition because he failed to meet his burden under Strickland of showing that his counsel's legal assistance was objectively deficient. Although the inmate claimed that his counsel should have raised several arguments in suppression motion, even with the omitted arguments, the motion lacked merit.
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| United States v. Jones, No. 05-4272,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 23, 2006, Decided
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Overview: Whatever the semantics of the terms "conviction" and "sentence," court-ordered dispositions of supervision were properly counted in the computation of criminal history under U.S. Sentencing Guidelines Manual § 4A1.2; thus, defendant's objections to the counting of four of his previous state offenses were overruled and his sentence was affirmed.
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| Backwater, Inc. v. Penn-American Ins. Co., No. 05-2805,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Decided
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Overview: The insurer was free, within constraints of reason and good faith, to evaluate evidence and draw its own conclusion about source of vandalism. The insureds acknowledged that conflicting inferences could be drawn from facts. That was practically definition of a good-faith dispute. Therefore, summary judgment was appropriate on the bad-faith claim.
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| Chase Manhattan Mortg. Corp. v. Moore, No. 05-2941,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Decided
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| Home Depot, Inc. v. Rickher, No. 06-8006,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Filed
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Overview: Customer's class action against company was improperly remanded pursuant to Class Action Fairness Act because statement of director of company regarding company's revenue from damage waivers and cost to company if enjoined from selling waivers showed that more than $ 5 million was "in controversy" between parties under 28 U.S.C.S. § 1332(d)(2).
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| In re Payne, No. 05-1941,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Decided
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| Sims v. Barnhart, No. 05-1507,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Decided
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| United States v. Galicia-Cardenas, No. 05-3093,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Decided
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| United States v. Goodwin, No. 05-1809,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 24, 2006, Decided
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Overview: Denial of defendant's suppression motion was affirmed where, by delaying his cash purchase of a one-way train ticket to the last minute, defendant created suspicion at a time when a police investigation was bound to delay his departure. The hardship of delay did not invalidate the investigative stop or provide grounds for suppressing evidence.
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