Sentencing — conduct-based inquiry, proper move

Posted November 27, 2015 10:42 AM

Where a conduct-based inquiry applied to an analysis of whether a six-level enhancement applied to an offender’s conviction for committing a sex offense while failing to register.The 7th U.S. Circuit Court of Appeals affirmed a decision by U.S. District Judge James T. Moody, Northern District of Indiana.Booker Rogers was convicted in 2000 in West Virginia of second-degree sexual abuse of his 14-year-old stepdaughter. In 2008, he was convicted of third-degree sexual assault of his 6-year old daughter. The convictions …

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Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
Family law — adult disabled child support

Where a parent petitions for adult disabled child support, it may do so after the child has reached the age of majority if the child is not emancipated and the disability arose as a minor.
Civil procedure — remand

Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.
Civil procedure — mootness

Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
Civil procedure — standing

Where plaintiffs alleged economic harm based on theoretical risk of injury from potentially contaminated infant formula, theory was not sufficient to confer Article III standing.
Civil law — apparent agency

Where plaintiff receives a consent form indicating that their treating physician is not an agent of the hospital, this is not dispositive of an apparent agency relationship.