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Tuesday, May 09, 2006

Ind. Decisions - 7th Circuit issues two Indiana opinions

In USA v. Jarrett, Jerry (ND Ind., William C. Lee, Judge), a 17-page opinion, Circuit Judge Evans writes:

Jerry Jarrett is an aggressive and successful criminal defense attorney from northern Indiana. Jarrett, however, has not always limited his services to representing accused clients. On at least two occasions, according to a jury that found him guilty beyond a reasonable doubt, he helped drug dealers launder money produced by their illegal enterprises. And for those activities he came to the attention of federal prosecutors, which eventually led to the jury that heard his case.

After he was tried and convicted for money laundering and illegally structuring financial transactions, Jarrett moved to have his indictment tossed out, claiming he was the victim of a vindictive prosecution. Jarrett argued that the government only came after him because he succeeded in getting state murder charges dismissed against a client who was the target of a highly publicized, joint federal-state investigation. In a lengthy and detailed opinion, the district court (the venerable Judge William C. Lee presiding) found that Jarrett was vindictively prosecuted. Upon that finding, the court vacated the jury verdict and dismissed the charges. The government, hoping to revive the jury’s verdict, appeals. * * *

For all these reasons, the judgment of the district court dismissing the indictment is REVERSED, and the jury’s verdict is ORDERED REINSTATED. Mr. Jarrett will have a full opportunity to challenge any aspect of his trial, or proceedings that occur after remand, by appropriate motion or appeal. The case is thus REMANDED for further proceedings.

In King, Starlett v. Harrington, Brian (SD Ind., Larry J. McKinney, Chief Judge), a 7-page opinion, Circuit Judge Bauer writes:
Starlett King and Jeff Shetterly brought suit against Brian Harrington for injuries sustained in an automobile accident. Based on diversity of citizenship and claimed damages in excess of $75,000, the case was tried in the United States District Court for the Southern District of Indiana. After a two-day trial, the jury rendered a verdict in favor of the defendant. The district court denied plaintiffs’ motion for a new trial, and this appeal followed. We affirm.

Posted by Marcia Oddi on May 9, 2006 01:47 PM
Posted to Ind. (7th Cir.) Decisions