Recusal — false lien, judge treated as the victim

Posted August 24, 2018 1:35 PM

Where a U.S. District Court judge was not a victim in a case for a false lien he was presiding over, there was no risk of bias and he did not need to recuse himself.The 7th U.S. Circuit Court of Appeals affirmed a decision by U.S. District Judge Richard L. Young, Southern District of Indiana.Indiana Child Protective Services removed Brent Swallers’ daughter from his custody in September 2015. Swallers responded by making several filings in the U.S. District Court for the Southern District of Indiana. When Swallers …

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Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
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.
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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.
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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.