Seventh Circuit Week in Review, Part II: Challenging the Validity of a Jury Waiver, and Much More

This continues my review of the Seventh Circuit’s new opinions in criminal cases, which I began here.  Of the remaining cases, only two merit extended discussion.

In United States v. Williams (No. 07-3004), the court dealt with a challenge to the validity of a jury waiver.  Before proceeding to a bench trial, Williams orally waived his right to a jury trial in open court.  He did not, however, provide a written waiver, as required by Fed. R. Crim. P. 23(a).  Nor did the judge engage in the colloquy recommended for jury waivers by United States v. Delgado, 635 F.2d 889 (7th Cir. 1981).  On appeal, the defendant argued that these procedural errors rendered his waiver invalid.

The Seventh Circuit (per Judge Rovner) nonetheless affirmed. 

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Lunch Bunches, Ten Second Chat, and Color Photo Seating Charts

I have learned over the years from my two kids, both now adults, that many people, including no doubt law students and potential law students, view law professors as a different breed of animal.  I guess in my family we do push the envelope since my wife, Margaret Moses, and I are both law professors. The friends of our kids, and, indeed, my law students, are shocked to discover, for example, that in my youth I worked in the factory at what was then the Allen-Bradley company — on the seventh floor of the building with the largest four-sided clock in the world — and that, even in the summer after my first year in law school, I was a truck driver moving people’s household goods from one end of the country to the other. Somehow law professors, even before they are law professors, live such different, abstracted lives that it is beyond comprehension that one of them drove a truck as a summer job or worked in a factory making electrical resistors, whatever they are.

While my kids no doubt have good reason for thinking that I am weird in various ways, I think of myself as falling within the range of what could be called normal. I want my students to get some chance to agree, or have a closer look to decide that my self-assessment is way off track. So, here are two techniques I use. First, whenever I see a student of mine outside of class, I go out of my way to say hi and to chat: The ten second chat. Students are very aware of us but many are afraid of making the first move when they see us outside of the classroom. Reaching out to them breaks the ice. The downside, of course, is that I get it wrong. Early this semester, I was in the elevator with one of my students, so I started to chat.  Unfortunately, she was a student in a different class than I had assumed, so I am sure that she thought I was even weirder than she might have if I had said nothing at all. But it is a risk worth taking.

Second, I arrange “lunch bunches” with the students in my class.

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Seventh Circuit Week in Review, Part I: Of Brothels and Woodsheds

The Seventh Circuit had a busy week, with eight new opinions in criminal cases.  In this post, I’ll discuss three that deal primarily with substantive criminal law issues.  A subsequent post will cover the sentencing and procedure cases.

Two of the opinions in this post deal with the difficult and important question of whether it is money laundering when a brothel purchases advertising.  But, before getting to that question, I’ll discuss a case that offers an unusual dressing-down of a federal prosecutor.  (There’s actually a pun in that last sentence — read on to see what I mean.)

The legal question in United States v. Farinella (Nos. 08-1839 & 08-1860) was whether those “best when purchased by” labels you find on food packages really mean anything to consumers.  Do they indicate that spoilage is imminent, or are they essentially meaningless marketing devices, akin to claims that a product is “new and improved?” 

Farinella, the defendant, purchased 1.6 million bottles of “Henri’s Salad Dressing” for resale at so-called “dollar stores.”  He presumably bought them at a discount because the bottles were past, or at least fast-approaching, the “best when purchased by” date stamped on each bottle by the manufacturer.  The manufacturer’s label would obviously make resale more difficult, but Farinella solved this problem by covering the original labels with new labels listing a later purchase date.  Of course, no one would hold this up as a model of business ethics.  But was it a federal crime?

Continue ReadingSeventh Circuit Week in Review, Part I: Of Brothels and Woodsheds