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7th Circuit dismisses law suit over bar exam

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The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.

Clarence K. Carter filed his suit against the Indiana Supreme Court and state Board of Law Examiners in March 2010, after a previous similar suit was dismissed for not paying the filing fee. Judge Tanya Walton Pratt dismissed Carter v. Chief Justice, et al., No. 1:10-CV-328, earlier this year for failure to state a claim that warrants relief.

Carter filed a motion in April for leave to proceed on appeal in forma pauperis. On May 17, the 7th Circuit denied the motion and ordered him to pay the fee by the end of the month or else the case would be dismissed pursuant to Circuit Rule 3(b). Carter filed another motion at the end of May asking the judges to reconsider. The 7th Circuit denied the motion to reconsider June 1 and dismissed the case June 10.

Carter’s suit argued that the Indiana Supreme Court and BLE violated his constitutional rights to due process and equal protection to sit for the bar exam. Carter had applied to several law schools but wasn’t accepted. Admission Rule 13 says that in order to sit for the exam, a person must graduate from an American Bar Association approved law school.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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