U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog

June 2016 News

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Jared Fogle's Pitch for Mercy Fails at the 7th Circuit

Last month Jared Fogle attempted to convince the court that his 188-month sentence had been unjustifiably enhanced and should be reduced. The case made headlines in particular because of the controversial theory his lawyer pushed: fantasizing about having sex with minors is not a crime.

Now, the Seventh Circuit has affirmed the district court's ruling, effectively closing the door to further calls for mercy unless an appeal to SCOTUS is made.

No Racial Slurs Allowed by Chicago School, Teacher Firing Upheld

In the ironically-named case of Brown v. Board of Ed., a teacher who was suspended from his position for using the N word in his classroom (for educational purposes) has no First Amendment claim, according to the recent Seventh Circuit ruling. Also, for related reasons, the court says the teacher suffered no violation of his due process. It's Brown v. Board of Education again, but it still has yet another layer of appeal left to go.

The ruling will upset many of those who have pointed out repeatedly the gray line that exists between proper use of language in a setting that has restricted Free Speech interests.

7th Circuit Employs Rarely Used FRE 807 Residual Hearsay Rule

The always insightful Seventh Circuit employed the rarely used Federal Rule of Evidence 807 "residual hearsay" rule recently to allow phone evidence connecting a man to the illegal sale of a gun used in a shootout with Indiana police.

The analysis, in our view, could have gone either way -- especially when looking at the authoring judge's language.