7th Circuit Court of Appeals

Indiana attorney general appeals marriage ruling

June 26, 2014
Marilyn Odendahl
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
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7th Circuit, Bankruptcy Court seek comment on rule changes

June 24, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.
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7th Circuit denies convicted murderer habeas relief

June 24, 2014
Jennifer Nelson
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
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Judges vacate 2 conditions of supervised release

June 23, 2014
Jennifer Nelson
Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.
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Pawn shop owner loses case based on ‘class-of-one’ theory

June 20, 2014
Jennifer Nelson
An Evansville pawn shop owner couldn’t convince the 7th Circuit Court of Appeals that the state singled him out for disparate treatment without a rational basis when it initially denied his application for a pawnbroking license.
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Janitor loses pro se complaint alleging discrimination

June 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.
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State appeals ruling recognizing single same-sex marriage

June 19, 2014
Dave Stafford
Indiana Attorney General Greg Zoeller has asked the 7th Circuit Court of Appeals to reverse an Indianapolis federal judge’s ruling requiring the state to recognize the same-sex marriage of two women, one of whom is gravely ill.
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7th Circuit: Defendant’s counsel not ineffective

June 19, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Thursday declined to find that a defendant’s appointed attorney provided ineffective assistance of counsel requiring the court to vacate or correct his 20-year sentence.
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US Supreme Court declines to hear Fort Wayne case

June 18, 2014
 Associated Press, IL Staff
The case of an Ohio man sentenced to 60 years for killing a man he found sleeping in a motel room where he and other traveling magazine vendors were staying is headed to the Indiana Court of Appeals after the U.S. Supreme Court declined to hear it.
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7th Circuit: Attorney provided effective assistance to man facing drug charges

June 18, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that his trial attorney was ineffective because he failed to object to an interpreter arrangement during a witness’s testimony and chose not to have all of discovery translated into Spanish.
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Inherited IRA funds not considered ‘retirement funds’

June 12, 2014
Jennifer Nelson
The Supreme Court of the United States unanimously held Thursday that funds contained in an inherited individual retirement account do not qualify as “retirement funds” within the meaning of a bankruptcy exemption.
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Judges order good-time credit reinstated

June 10, 2014
Jennifer Nelson
The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.
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7th Circuit reverses ‘troubling’ ruling in discrimination case

June 9, 2014
Jennifer Nelson
Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn’t hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.
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Conour claims restitution paid, that he's owed money

May 30, 2014
Dave Stafford
Former attorney and convicted fraudster William Conour has asked the federal court where he admitted he stole $6.5 million from dozens of wrongful-death and personal-injury clients to cut him a check for $184,214.26.
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Dairy Queen did not discriminate against blind employee

May 28, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a firm that operates Dairy Queens in Indianapolis on a former employee’s claim the employer violated the Americans with Disabilities Act.
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7th Circuit to hear Indiana same-sex marriage challenge

May 21, 2014
Marilyn Odendahl
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
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7th Circuit issues correction in PepperBall opinion

May 13, 2014
IL Staff
The 7th Circuit Court of Appeals issued an order Monday correcting errors in its May 9 opinion on whether Indiana has jurisdiction to hear a dispute over intellectual property issues between two California companies.
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Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit

May 9, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
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Indiana federal court vacancies could remain for years

May 7, 2014
Marilyn Odendahl
The impact of the filibuster rule change on the role politics plays in the confirmation process remains to be seen.
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Burmese man loses workplace discrimination appeal

May 5, 2014
Dave Stafford
A man born in Burma whose employment at a Mooresville factory was terminated after co-workers complained about his behavior failed to persuade the 7th Circuit Court of Appeals to reinstate his claim of discrimination based on national origin.
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7th Circuit denies habeas relief in 2005 Gary murder

May 5, 2014
Dave Stafford
A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.
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Conour defender asks to withdraw from 7th Circuit appeal

May 5, 2014
Dave Stafford
The public defender appointed to represent convicted fraudster and former leading personal-injury attorney William Conour has asked the 7th Circuit Court of Appeals to withdraw from the case, citing an unspecified conflict of interest.
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7th Circuit affirms rulings for EPA in Bloomington PCB cleanup

May 2, 2014
Dave Stafford
The 7th Circuit Court of Appeals Thursday turned away a citizen-led appeal of rulings favorable to the Environmental Protection Agency in an ongoing cleanup of a former Westinghouse Electric Corp. plant that polluted the Bloomington site with toxic PCBs.
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7th Circuit finds 5-year-old information not ‘stale’

April 30, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals declined a defendant’s request to find the information used to execute a search warrant of his computer for child pornography stale because more time had passed in his case as compared to previous cases ruled on by the Circuit Court.
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Government drops Conour sentence appeal

April 22, 2014
Dave Stafford
The U.S. attorney’s office will no longer seek a longer prison sentence for convicted legal fraudster William Conour, according to documents filed recently in the 7th Circuit Court of Appeals. Conour’s appeal will move forward.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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