7th Circuit Court of Appeals

Judges question earlier Circuit holding

September 4, 2009
Jennifer Nelson
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
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Court rules on adult-business ordinance

September 4, 2009
Jennifer Nelson
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
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Amendment doesn't affect sentence

September 1, 2009
Jennifer Nelson
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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7th Circuit affirms possible erroneous sentenceRestricted Content

August 18, 2009
Jennifer Nelson
Because a defendant's attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement - despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling - the federal Circuit Court had no choice but to affirm the District Court.
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No Brady violation in sex-sting case

August 13, 2009
Jennifer Nelson
A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.
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Judges: amendment not retroactive

August 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.
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Police officer not entitled to qualified immunity

August 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search warrant.
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District Court erred in drug sentence

July 31, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.
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Court: Suit doesn't belong in federal courtRestricted Content

July 28, 2009
Jennifer Nelson
In a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit Court of Appeals decided the agency doesn't have standing to bring suits in federal court.
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Judges differ on allowance of trustee's appeal

July 20, 2009
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen - who was sitting in designation - disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.
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Man loses gender discrimination appeal

June 29, 2009
Michael Hoskins
A federal appellate panel has upheld a U.S. District judge's decision against a man who alleged he's the victim of gender discrimination for being fired from St. Francis Hospital on claims he accessed inappropriate Web sites while at work.
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7th Circuit split in prisoner media-ban issueRestricted Content

June 25, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was split in its en banc decision today to uphold the Federal Bureau of Prisons' authority to deny face-to-face interviews between inmates and the media.
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7th Circuit seeks comment on jury instructions

June 18, 2009
IL Staff
The 7th Circuit Pattern Jury Instruction Committee and Trademark Subcommittee are accepting comments on proposed trademark pattern civil jury instructions.
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Court doesn't order contempt sanctions on state

June 8, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.
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Next up for Judge Hamilton: full Senate vote

June 4, 2009
Michael Hoskins
After surviving a Senate committee's party-line vote today, an Indianapolis-based federal judge must now get approval from the full U.S. Senate in order to move to the 7th Circuit Court of Appeals.
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BREAKING: U.S. Senate committee OKs judicial nomination

June 4, 2009
Michael Hoskins
The Senate Judiciary Committee has just voted in favor of U.S. District Judge David F. Hamilton's nomination to the 7th Circuit Court of Appeals.
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Federal Circuit converges on Indianapolis

May 18, 2009
Michael Hoskins
The 7th Circuit Court of Appeals has kept up with a trend of publishing more written opinions than any other federal court, and one of the most significant happenings in the past year is the recent resurrection of inviting lower trial judges to sit by designation on appeals panels.
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Indianapolis judge's nomination vote set

May 15, 2009
Michael Hoskins
The Senate Judiciary Committee plans to vote next week on U.S. Judge David Hamilton's nomination for the 7th Court of Appeals.
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7th Circuit: No attorney conflict of interestRestricted Content

May 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the denial of a drug offender's petition for habeas corpus, ruling his attorney didn't render ineffective assistance of counsel when he also represented other co-defendants on the same drug charges.
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Court: 2-member board could affirm ruling

May 1, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company must recognize a collective bargaining agreement between the union and the company.
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Senators treat judge kindly at second hearing

April 30, 2009
Michael Hoskins
Even though Republicans insisted on a rare second judicial nomination hearing for U.S. District Judge David F. Hamilton, it remained unclear Wednesday what need there was for the Indianapolis judge to appear again before the Senate Judiciary Committee in his bid for the 7th Circuit Court of Appeals.
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Man gets money for not paying into pension

April 23, 2009
Jennifer Nelson
In a strange twist in a bankruptcy case, a businessman actually benefited financially by not paying into a pension fund for his company.
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Rare second hearing set for judge's nomination

April 22, 2009
Michael Hoskins
In an unusual move, the Senate Judiciary Committee will hold a second judicial nomination hearing next week for U.S. District Judge David F. Hamilton, who's being considered for a seat on the 7th Circuit Court of Appeals.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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