Christopher Keleher Wins in
Sixth Circuit on Appointment in Criminal Appeal
Christopher Keleher was appointed by the Sixth Circuit Court of Federal
Appeals to handle the case of Gary Clay, who previously was convicted by a jury
of violating 18 U.S.C. § 2119 and 18 U.S.C. § 924(c)(1)(A)(ii). Mr. Keleher
drafted the appellate briefs and presented oral argument to the Court in Cincinnati. The appeal
involved an interpretation of Federal Rule of Evidence 404(b), and whether the
district court erred in admitting evidence of a prior conviction. Federal Rule
of Evidence 404(b) allows the government to introduce evidence of “other
crimes, wrongs, or acts” committed by the defendant so long as the evidence is
not used merely to show propensity and if it “bears upon a relevant issue in
the case.” Chris convinced the Sixth Circuit that the U.S. Attorney admitted
evidence for improper purposes. In a 2-1 decision, the Sixth Circuit held the
district court abused its discretion in admitting evidence of prior bad acts. The
Court further agreed with Clay that the errors were not harmless. The Court
thus reversed and remanded for a new trial.
This is a significant victory, when it is considered
that only about 5% of criminal appeals are successful. Congratulations to Chris
on his very successful pro bono representation of Mr. Clay.
Rettburg and Lemley Obtain
Dismissal of Municipal Federal Class Action Claim
Congratulations to Chicago office shareholders Paul
Rettburg and Brandon Lemley for their recent victory in Markadontas
v. Woodridge.
On January 11, 2012, Chief Judge James Holderman
granted the Village of Woodridge's Motion to Dismiss a putative class action
in Markadontas v. Woodridge. Woodridge enacted Village Code Section 5-1-12(A), which
states: “Booking fee: When posting bail or bond on any legal process, civil or
criminal, or any custodial arrest including warrant.” The code states that the
booking fee is $30.
Plaintiff was arrested, taken to the Woodridge Police
Department, and charged with shoplifting. Upon being booked, the arresting
officer required Plaintiff to pay the $30 booking fee, which he did. Plaintiff
later sued, claiming Section 5-1-12(A) is unconstitutional. Specifically, he
alleged Woodridge violated his Fourteenth
Amendment due process rights by requiring him to pay the $30 booking fee upon
his booking at the jail. Plaintiff also sought class action status.
The Village
of Woodridge moved to
dismiss the suit in its entirety under Rule 12(b)(6), and the Court granted it.
The Court found that the ordinance did not violate the Plaintiff's procedural
due process rights under United States Constitution. The Court reasoned that
there was no risk of erroneous deprivation of the arrestees rights because it
is charged to all individuals who are arrested. Additionally, additional
procedures would not provide any additional safeguards. As such, the $30 fee
passed constitutional muster.
Turiello, Farmans and De
Angelis Win in Second District Appellate Court
Chicago shareholder Jennifer
Turiello successfully obtained a decision by the Second District Appellate
Court upholding the trial court’s summary judgment ruling on behalf of
Q&H’s client, a homeowners’ association. In this premises liability case,
the plaintiff suffered severe and permanent injuries when she slipped and fell
on ice located on the sidewalk outside of her townhome. The plaintiff appealed
the trial court’s order granting summary judgment in favor of the homeowners
association under the Illinois Snow and Ice Removal Act. On appeal, the Second
District Appellate Court affirmed the trial court’s order, and held that the
homeowners’ association was immunized from liability under the Snow and Ice
Removal Act. The initial decision by the trial court to grant summary judgment
in favor of the homeowners association was obtained by Joliet office shareholder Janet Farmans
and associate Aaron De Angelis.
