Judge David F. Hamilton

5th annual Southern District Court history symposium Nov. 16

October 18, 2012
IL Staff
7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal Education Symposium in the Southern District.
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IU Maurer to host federal sentencing talk

January 27, 2012
IL Staff
Indiana University Maurer School of Law will host 7th Circuit Court of Appeals Judge David Hamilton for a discussion on federal sentencing on Jan. 31. IU Maurer professor Ryan Scott will join Hamilton in discussing the comparative severity of federal prison sentences.
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Permanent retroactivity applied to crack-cocaine sentence reductions

July 1, 2011
Michael Hoskins
Thousands of federal inmates nationally and more than 200 from Indiana could get time shaved off their prison terms for crack-cocaine convictions, after the U.S. Sentencing Commission voted to make reductions retroactive starting later this year.
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Judges: defendant should be able to confront witness

March 31, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
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7th Circuit agrees crack cocaine offender's sentence can't be reduced

February 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
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7th Circuit: judge erred when sentencing man

December 2, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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Attorney, legal services organization receive access to justice awards

October 28, 2010
IL Staff
The Muslim Alliance of Indiana presented two awards today at its second annual Access to Justice luncheon.
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Judge: Look closer at claim of being part of a persecuted social group

August 10, 2010
Jennifer Nelson
In granting a petition for review of a denial of an asylum request, 7th Circuit Court of Appeals Judge David Hamilton believes the Board of Immigration Appeals applied too narrow of a concept of a “social group.&rdquo
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Circuit judge relocating chambers to Maurer School of Law

June 3, 2010
Michael Hoskins
In a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana University Maurer School of Law – Bloomington.
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Identity thief forged Indiana federal judge's signature

April 29, 2010
Michael Hoskins
A convicted identity thief from Indiana with at least four aliases pleaded guilty earlier this week in a Montana federal court on charges that he not only impersonated a military officer and stole multiple identities, but also that he forged court documents last year and signed the name of U.S. Judge David F. Hamilton from the Southern District of Indiana.
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Judicial nominees on the road to confirmationRestricted Content

April 28, 2010
Michael Hoskins
When he was being considered for a seat on the federal appellate bench, Judge John D. Tinder recalled getting a phone call about an ongoing case just before he was set to appear before senators in Washington, D.C.
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U.S. Senate debating Indiana judge's nomination

November 17, 2009
Michael Hoskins
Indiana is at the heart of a legislative discussion about the future of the federal judiciary, and debate about a judge's controversial nomination is coming to a head this week.
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Judge's nomination vote set for Tuesday

November 11, 2009
Michael Hoskins
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
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Senators still stalling judge's Circuit nomination

November 10, 2009
Michael Hoskins
An Indianapolis judge's potential elevation to the federal appeals bench remains controversial even as the full U.S. Senate inches closer to voting on his nomination in the next week.
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Judge criticizes counsel seeking class status

June 26, 2009
Michael Hoskins
Don't expect one federal judge to re-examine a ruling by another jurist on the same court if you don't present any new facts or arguments on a similar case and issue.
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Next up for Judge Hamilton: full Senate vote

June 4, 2009
Michael Hoskins
After surviving a Senate committee's party-line vote today, an Indianapolis-based federal judge must now get approval from the full U.S. Senate in order to move to the 7th Circuit Court of Appeals.
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BREAKING: U.S. Senate committee OKs judicial nomination

June 4, 2009
Michael Hoskins
The Senate Judiciary Committee has just voted in favor of U.S. District Judge David F. Hamilton's nomination to the 7th Circuit Court of Appeals.
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Indianapolis judge's nomination vote set

May 15, 2009
Michael Hoskins
The Senate Judiciary Committee plans to vote next week on U.S. Judge David Hamilton's nomination for the 7th Court of Appeals.
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Senators treat judge kindly at second hearing

April 30, 2009
Michael Hoskins
Even though Republicans insisted on a rare second judicial nomination hearing for U.S. District Judge David F. Hamilton, it remained unclear Wednesday what need there was for the Indianapolis judge to appear again before the Senate Judiciary Committee in his bid for the 7th Circuit Court of Appeals.
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Rare second hearing set for judge's nomination

April 22, 2009
Michael Hoskins
In an unusual move, the Senate Judiciary Committee will hold a second judicial nomination hearing next week for U.S. District Judge David F. Hamilton, who's being considered for a seat on the 7th Circuit Court of Appeals.
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Federal judicial nomination hearing draws crowd

April 2, 2009
Michael Hoskins
The Senate Judiciary Committee considered U.S. District Judge David F. Hamilton's nomination for the 7th Circuit Court of Appeals at a Wednesday afternoon hearing.
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Senate Judiciary holds nomination hearing

April 1, 2009
Michael Hoskins
A busy Congressional calendar has caused the U.S. Senate Judiciary Committee to move its nomination hearing to a room without cameras, which leaves Indiana's legal community in the dark about an Indianapolis-based federal judge's nomination for the 7th Circuit Court of Appeals.
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Judge Hamilton nominated for 7th Circuit

March 17, 2009
Michael Hoskins
An Indianapolis federal judge could be the next to take a spot on the 7th Circuit Court of Appeals.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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