David Hamilton (judge)

Last updated
Dassey v. Dittmann,877F.3d297(7th Cir.2017).
  • On August 27, 2019, Hamilton wrote the majority opinion in blocking Indiana's parental notification requirement. Hamilton was joined by Ilana Rovner, over the dissent of Michael Stephen Kanne. [20] On November 1, 2019, the seventh circuit denied rehearing by a vote of 6–5, with Hamilton in the majority, however Frank Easterbrook, who provided the decisive vote, called on the Supreme Court to hear the case. [21]
  • On August 29, 2019, Hamilton was one of 3 judges that upheld Illinois' assault weapon ban. [22]
  • On February 24, 2020, Hamilton authored the majority opinion in Viamedia v. Comcast, a case dealing with a contentious doctrine in American antitrust law known as refusal to deal. [23] Although the opinion was not based on a trial and only allowed Viamedia to proceed with its monopolization claims against Comcast, some antitrust scholars believe the case could "breathe life" into refusal to deal claims, which have generally lost favor following the Supreme Court's decision in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP. [23]
  • On December 17, 2021, Hamilton dissented in a 7-3 decision that ruled that a police officer who stopped a car because it was following another car too closely and then searched the car for drugs did not violate the 4th amendment. Hamilton showed concern that the 7th circuit's ruling could allow a police officer to detain someone at a basic traffic stop until the officer is satisfied. [24] [25]
  • Family

    Hamilton's brother, John Hamilton, has served as the mayor of Bloomington, Indiana since 2016 [26] He is married to Dawn Johnsen, whose nomination to serve as assistant attorney general for the Office of Legal Counsel in the United States Department of Justice was blocked by the Senate. [27] His father, Richard "Dick" Hamilton is a retired United Methodist minister who served the North United Methodist Church in Indianapolis for many years. Hamilton is a nephew of former Congressman Lee Hamilton.

    See also

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    Brendan Ray Dassey is an American convicted murderer from Manitowoc County, Wisconsin, who at 16 confessed to being a party to first-degree murder, mutilation of a corpse, and second-degree sexual assault. He was sentenced to life in prison with the earliest possibility of parole in 2048. His videotaped interrogation and confession, which he recanted at trial, substantially contributed to his conviction. Parts were shown in the Netflix documentary series Making a Murderer (2015). The series examined the 2005–2007 investigation, prosecution, and trials of Dassey and his uncle, Steven Avery, both of whom were convicted of murdering the photographer Teresa Halbach on October 31, 2005.

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    References

    1. Judiciary, United States Congress Senate Committee on the (January 7, 1996). Confirmation Hearings on Federal Appointments: Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Second Congress, First Session, on Confirmation Hearings on Appointments to the Federal Judiciary. U.S. Government Printing Office. ISBN   9780160386190 via Google Books.
    2. 1 2 President Obama Announces David Hamilton for the United States 7th Circuit Court of Appeals The White House, March 17, 2009
    3. 1 2 Neil A. Lewis, Moderate Is Said to Be Pick for Court The New York Times, March 17, 2009
    4. "Judicial Nominations and Confirmations: 111th Congress". Archived from the original on December 1, 2009. Retrieved November 19, 2009.
    5. 1 2 3 4 5 6 7 David Hamilton at the Biographical Directory of Federal Judges , a public domain publication of the Federal Judicial Center .
    6. "Biography of Chief Judge David F. Hamilton". United States District Court, Southern District of Indiana. Archived from the original on September 20, 2008. Retrieved January 19, 2009.
    7. 1 2 "Chief Judge David F. Hamilton". Archived from the original on September 20, 2008. Retrieved January 19, 2009.
    8. "Circuit Nominee Mixed Corporate, Civil Liberties Work". The BLT: The Blog of Legal Times.
    9. American Amusement Mach. Ass'n v. Cottey, 115 F. Supp. 2d 943 (S.D. Ind. 2000).
    10. American Amusement Machine Association v. Kendrick, 244 F.3d 572 (7th Cir. 2001).
    11. "ENTRY ON POST-JUDGMENT MOTIONS, HINRICHS v. BOSMA, NO. 1:05-cv-0813-DFH-TAB" (PDF). Archived from the original (PDF) on June 17, 2009. Retrieved November 22, 2009.Hinrichs v. Bosma, 400 F.Supp.2d 1103 (S.D.Ind.2005), Entry on Post Judgment Motion at 15 (Dec. 28, 2005)
    12. Hinrichs v. Speaker of the House of Representatives, 506 F.3rd 584 (7th Cir. 2007)
    13. "President Obama Announces David Hamilton for the United States 7th Circuit Court of Appeals - whitehouse.gov". whitehouse.gov . 17 March 2009 via National Archives.
    14. "On the Motion (Motion to Invoke Cloture on the Nomination of David F. Hamilton, of Indiana, to be U.S. Circuit Judge for the Seventh Circuit)". www.senate.gov.
    15. "On the Nomination (Confirmation David F. Hamilton, of Indiana, to be U.S. Circuit Judge for the Seventh Circuit)". www.senate.gov.
    16. "Seventh Circuit's David Hamilton to Step Down in 2022 (1)". www.news.bloomberg.com.
    17. Note, Recent Case: Seventh Circuit Suggests Conspiracy-of-Silence Claim for Plaintiffs Who Are Prevented from Witnessing Search , 131 Harv. L. Rev. 1171 (2018).
    18. Colbert v. City of Chicago, 851F.3d649 (7th Cir.2017).
    19. "The Tragic, Real-Life Epilogue to Netflix's "Making a Murderer"". Vanity Fair. December 11, 2017.
    20. "Indiana Abortion Notice Injunction Upheld by Divided seventh Cir". news.bloomberglaw.com.
    21. "Full appeals court won't rehear Indiana abortion law case". AP NEWS. November 1, 2019.
    22. "PER CURIAM Opinion, WILSON v. COOK COUNTY, No. 1:17-cv-07002". August 29, 2019.
    23. 1 2 "Seventh Circuit Breathes New Life into Refusal-to-Deal Claims". The National Law Review.
    24. "Trump Judge Upholds Extended Police Stop of Black Man in Ruling that Threatens to Allow Police to "Harass and Humiliate" Drivers and Conduct "Racially Discriminatory Stops and Searches": Our Courts, Our Fight". People for the American Way. January 3, 2022. Retrieved January 6, 2022.
    25. "US v. Janhoi Cole" (PDF). Justia. December 17, 2021. Retrieved January 6, 2022.
    26. "Office of the Mayor". 25 April 2007.
    27. "Obama Announces First Judicial Nominee". The BLT: The Blog of Legal Times.
    David Hamilton
    Senior Judge of the United States Court of Appeals for the Seventh Circuit
    Assumed office
    December 5, 2022
    Legal offices
    Preceded byJudge of the United States District Court for the Southern District of Indiana
    1994–2009
    Succeeded by
    Preceded byChief Judge of the United States District Court for the Southern District of Indiana
    2008–2009
    Succeeded by
    Preceded byJudge of the United States Court of Appeals for the Seventh Circuit
    2009–2022
    Succeeded by