Testo completo
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 3, 2005
Before
Hon. William J. Bauer, Circuit Judge
Hon. Richard A. Posner, Circuit Judge
Hon. Frank H. Easterbrook, Circuit Judge
No. 04-2106
HILARY M. WINNICZEK and DANUTA
WINNICZEK,
Plaintiffs-Appellants,
v.
SHELDON B. NAGELBERG,
Defendant-Appellee.
Appeal from the United States District
Court for the Northern District
of Illinois, Eastern Division.
No. 03 C 6962
James F. Holderman, Judge.
O R D E R
The following language appearing on page 3 of the slip opinion issued on January 7,
2005--the "'actual innocence' rule presumably has an exception for the case in which,
although the defendant is guilty, he received an unlawful penalty, though we cannot find
any cases on the point"--is hereby amended to read as follows: the "'actual innocence' rule
presumably has an exception for the case in which, although the defendant is guilty, he
received an unlawful penalty; the existence of the exception was assumed in Geddie v. St.
Paul Fire & Marine Ins. Co., 354 So.2d 718, 719 (La. App. 1978), and Lawson v. Nugent,
702 F. Supp. 91, 92 (D.N.J. 1988), though we cannot find any case that actually discusses
the question."
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