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US Circuit Court of Appeals
7th Circuit Case Summaries

2004/05/28 Fri

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OPINION SUMMARIES - May 28, 2004
U.S. 7TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

PER CURIAM
* MADEJ v. BRILEY
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PER CURIAM

MADEJ v. BRILEY, No. 04-1760 (7th Cir. May 28, 2004)
Ethics & Disciplinary Code, Criminal Law & Procedure, Sentencing

Illinois should count itself lucky that the district
judge did not hold the warden (or perhaps the
prosecutor) in contempt of court. The district judge
ordered the state to act by November 25, 2002, yet
to this day the order has not been carried out. It
is irrelevant that the state believes the order ineffectual.

It is for the federal judiciary, not the Attorney
General of Illinois, to determine the force of
such orders, and even erroneous directives must be
obeyed while they are outstanding. See Pasadena
City Board of Education v. Spangler, 427 U.S. 424,
439-40 (1976).
To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/041760p.pdf