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Seventh Amendment Challenge Re President Obama's Senate Seat, Plus Criminal Matter

By FindLaw Staff on June 16, 2010 | Last updated on March 21, 2019

US v. Parker, 09-4044, concerned a petition for habeas relief based on ineffective assistance of counsel claim in proceedings arising from the conviction of defendant for conspiring to possess more than 5 kilograms of cocaine with intent to distribute, and the imposition of a 121-month sentence.  In denying the petition, the court held that defendant provided no reasons to suggest that his counsel's erroneous advice, and not his own perjury, caused him to receive the sentence he received.  Further, defendant's sentence is affirmed as his contention that the district court should not have believed his statements made under oath is rejected.     

Judge v. Quinn, No. 09-2219, concerned a 42 U.S.C. section 1983 suit against the governor of Illinois, brought by two registered voters, claiming that the governor's failure to issue a writ of election to fill the senate seat vacated by President Obama violated their Seventh Amendment rights.  In affirming the  district court's denial of plaintiffs' motion for preliminary injunction, the court held that, although plaintiffs have show a strong likelihood of success on the merits and the governor has a duty to issue a writ of election to fill President Obama's vacancy, the plaintiffs failed to demonstrate they they will suffer irreparable harm if the preliminary injunction they want does not issue.   

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