7th Circuit Court of Appeals

State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017
IL Staff
A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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7th Circuit allows Indy airport to proceed with insurance claim

February 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals is allowing the Indianapolis Airport Authority to move forward with part of an insurance claim stemming from a construction incident at the Midfield Terminal that delayed its opening in 2008.
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US, ACLU join deaf litigant in ADA suit against Indiana court

February 20, 2017
Dave Stafford
A deaf litigant who was denied a sign language interpreter for court-ordered mediation in his child-custody case has the support of the U.S. Department of Justice and the American Civil Liberties Union of Indiana in his federal disability-discrimination lawsuit against Marion Circuit Court.
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Applications being sought for federal judicial, US Attorney vacancies

February 14, 2017
IL Staff
Indiana Sen. Todd Young is taking applications for several vacancies in federal court as well as U.S. Attorney and U.S. Marshal positions.
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7th Circuit rejects collateral attack

February 14, 2017
Olivia Covington
The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.
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7th Circuit affirms remand of veteran’s disability case

February 13, 2017
Olivia Covington
An Army National Guard veteran’s disability case is heading back to the Social Security Administration after the 7th Circuit Court of Appeals ruled Friday the veteran was not entitled to disability benefits based solely on the disability rating he received from the Department of Veterans Affairs.
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7th Circuit halts fraud restitution for ‘reckless’ Bank of America

February 13, 2017
Dave Stafford
Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order in favor of Bank of America and urged the district court in Hammond to consider fining the defendants instead.
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7th Circuit affirms deferral on sentencing request

February 9, 2017
Olivia Covington
An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.
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Birth certificate battle moves to 7th Circuit

February 8, 2017
Marilyn Odendahl
The new Indiana administration does not want to recognize non-birth mothers as parents.
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Cop denied murder rehearing to appeal to US Supreme Court

February 6, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed itself and vacated its order to rehear a case of an Indiana police officer convicted of murder and arson. Glenn Patrick Bradford's attorney said he will ask the Supreme Court of the United States to hear the appeal.
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7th Circuit dismisses Moorish tax claim, condemns ‘sovereign citizen’ ideology

February 3, 2017
Olivia Covington
A man who declared himself a “sovereign citizen” as a result of his “Moorish” heritage is in fact not a sovereign citizen who is exempt from taxes, the 7th Circuit Court of Appeals wrote in a Friday opinion that delved into the history of the Moorish-American movement that has been the source of “difficult litigation."
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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7th Circuit upholds judgment in favor of nonprofit’s board of directors

February 2, 2017
Olivia Covington
The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.
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7th Circuit allows evidentiary hearing on ineffective assistance of counsel claim

February 2, 2017
Olivia Covington
A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit strikes down portions of Indiana vaping law

January 30, 2017
Olivia Covington, IBJ Staff
A federal court has struck down portions of Indiana’s controversial vaping law, holding that the “astoundingly specific provisions” related to regulations of security, cleanliness and other physical requirements imposed on out-of-state manufacturers violates federal law and seems to imply a state attempt to create a monopoly for an Indiana security firm.
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Woman exonerated in murder loses appeal over fingerprint errors

January 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.
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Exodus refugee group ‘deeply troubled’ by Trump plans

January 27, 2017
 Associated Press
An Indiana organization that successfully blocked former Gov. Mike Pence’s attempted ban on Syrian refuges says it’s “deeply troubled” by President Donald Trump’s plan to do the same across the U.S.
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House panel advances Marion County judicial selection bill

January 26, 2017
Dave Stafford
Despite public concerns that a bill for choosing Indianapolis judges would reduce diversity on the bench, deprive Marion County residents of the right to directly elect jurists and elevate political considerations, a House committee Wednesday advanced a merit-selection measure supported by lawyers, judges and the business community.
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7th Circuit vacates denial of prisoner’s request for help finding counsel

January 25, 2017
Olivia Covington
The 7th Circuit Court of Appeals has vacated a district court order denying a request to help an inmate living in another state recruit counsel for an Indiana case, noting that without counsel or a medical expert, the inmate will be unable to build a strong legal case.
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7th Circuit affirms denial of evidentiary hearing, post-conviction review

January 25, 2017
Olivia Covington
The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.
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Birth certificate battle headed to 7th Circuit

January 24, 2017
IL Staff
Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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