Ronald K. Dennis v. Richard Clark & Indiana Attorney Gen., 986 F.2d 1424 (7th Cir. 1993). · Go Syfert
Ronald K. Dennis v. Richard Clark & Indiana Attorney Gen., 986 F.2d 1424 (7th Cir. 1993). Cases Citing This Book View Copy Cite
“clearly, recognition of the marital privilege is not necessary to afford due process.”
53 citation events (13 in the last 25 years) across 9 distinct courts.
Strongest positive: Pelletier v. NHSP Warden (nhd, 2008-08-06)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (quoted) Pelletier v. NHSP Warden
D.N.H. · 2008 · quote attribution · 1 verbatim quote · confidence low
clearly, recognition of the marital privilege is not necessary to afford due process.
cited Cited "see" O Centro Espirita Beneficente União Do Vegs in U.S. v. Duke
D.N.M. · 2018 · signal: see · confidence high
See Friedrich v. City of Chi. , 986 F.2d 1424 , 1424 (Table), 1993 WL 34959 (7th Cir. 1993) (Cummings and Posner, Js.).
discussed Cited "see, e.g." Hill v. Galaxy Telecom, L.P.
N.D. Miss. · 2001 · signal: see also · confidence low
Baldwin v. Laurel Ford Lincoln-Mercury, Inc., 32 F.Supp.2d 894, 899 , (S.D.Miss.1998) (citing Restatement (Second) of Contracts § 205 cmt. c. (1981)); see also, Henkin v. Skane-Gripen A.B., 986 F.2d 1424 (Table), 1993 WL 36870 (7th Cir.(Ind.), Feb 12, 1993) (NO. 91-3338) (granting summary judgment for defendants where allegation that defendants breached duty of good faith and fair dealing were based only on negotiation process).
discussed Cited "see, e.g." prod.liab.rep. (Cch) P 14,453 Cristobal Leon and Maria Leon v. Caterpillar Industrial, Incorporated
7th Cir. · 1995 · signal: see also · confidence low
See also Bishop, 814 F.2d at 443 (“Under Indiana law, a plaintiff can prevail under strict products liability theory only if he can demonstrate that the allegedly defective product reached him ‘without substantial alteration in the condition in which it is sold’ and that his injuries were caused as a result of the defective product”). *1339 In a product’s liability action, in addition to the required statutory elements, a plaintiff must also establish proximate causation, and the “introduction of evidence concerning substantial alteration [is] relevant to the issue of proximate cau…
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Ronald K. Dennis
v.
Richard Clark and Indiana Attorney General
92-1734.
Court of Appeals for the Seventh Circuit.
Feb 11, 1993.
986 F.2d 1424

986 F.2d 1424

NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit.
Ronald K. DENNIS, Petitioner/Appellant,
v.
Richard CLARK and Indiana Attorney General, Respondents/Appellees.

No. 92-1734.

United States Court of Appeals, Seventh Circuit.

Submitted Feb. 2, 1993.[*]
Decided Feb. 11, 1993.

Before POSNER, and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ORDER

1

An Indiana judge convicted Ronald Dennis of possessing heroin and cocaine in violation of state law. The judge sentenced him to thirty-eight years' imprisonment after finding that he was an habitual offender. Dennis, represented by new counsel, appealed to the Indiana Court of Appeals claiming he was tried in violation of the Constitution because his trial counsel was ineffective. That court found that Dennis's trial counsel was adequate and affirmed the conviction. After his direct appeal, Dennis never sought review by the Supreme Court of Indiana. Instead he filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, in the federal district court. The district court dismissed the petition without prejudice, holding that Dennis had waived his right to claim ineffective assistance of counsel in federal court by failing to seek transfer to the highest court in the state of Indiana. He now appeals that ruling.

2

In this circuit "a state prisoner waives habeas review of a claim ... by failing to seek leave to present it to the highest state court, having taken a direct appeal." Nutall v. Greer, 764 F.2d 462, 465 (7th Cir.1985). Having waived a claim in this fashion, a petitioner may resurrect it only by showing cause for the procedural lapse and prejudice. Coleman v. Thompson, 111 S.Ct. 2546, 2565 (1991). In his reply brief Dennis argued that ineffective assistance of appellate counsel caused his failure to seek transfer to the Indiana Supreme Court. Dennis failed to raise this argument before the district court, and he never raised it in this court until his reply brief in violation of Federal Rule of Appellate Procedure 28(a). Artis v. Hitachi Zosen Clearing, Inc., 967 F.2d 1132, 1143 (7th Cir.1992). This claim, moreover, must be brought to the Indiana courts before this court will review it. Rose v. Lundy, 455 U.S. 509 (1982). Because he did not argue any other cause for his procedural lapse, we AFFIRM the order of the district court.

*

After preliminary examination of the briefs, the court notified the parties that it had tentatively concluded that oral argument would not be helpful to the court in this case. The notice provided that any party might file a "Statement as to Need of Oral Argument." See Fed.R.App.P. 34(a); Cir.R.34(f). No such statement having been filed, the appeal has been submitted on the briefs