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Thursday, November 20, 2008

Ind. Decisions - Two today from 7th Circuit

In US v. Webb (ND Ind., Judge Springmann), a 5-page opinion, Chief Judge Easterbrook concludes:

Given this evidence—and there was more—the fact that Webb had a drug conviction on his record could not have affected the jury’s verdict. The harmless-error rule means that district judges, rather than courts of appeals, are the principal enforcers of limits on other-crime evidence. We trust that district judges will review evidence of this kind carefully to ensure that it really is relevant, and serves a legitimate goal rather than leading to the forbidden propensity inference. The judgment is affirmed.
In US v. Ellis (SD Ind., Judge Hamilton), a 13-page opinion, Judge Flaum writes:
Susan Ellis has appealed her eight counts of failure to account for and pay federal taxes in violation of 26 U.S.C. § 7202. Ellis objects to two of the district court’s rulings admitting evidence against her, the enhancement of her sentence based on her supposed perjury, and the fine imposed by the district court. For the reasons discussed below, we affirm on all counts.

Posted by Marcia Oddi on November 20, 2008 03:35 PM
Posted to Ind. (7th Cir.) Decisions