7th Circuit Court of Appeals

7th Circuit upholds drug convictions, remands for resentencing

August 19, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.
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Judges order man sentenced under original plea agreement

August 19, 2014
Jennifer Nelson
The District Court committed a legal error when it withdrew a defendant’s guilty plea on his behalf instead of allowing the defendant the choice to stand by the plea or withdraw it, ruled the 7th Circuit Court of Appeals.
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Judges uphold man’s sentence under newer guidelines

August 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
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Judge wants Congress to reconsider FDIC’s rights when taking over a bank

August 14, 2014
Jennifer Nelson
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
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Security software maker loses trademark case against Warner Bros.

August 14, 2014
Jennifer Nelson
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
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7th Circuit declines to overturn mine’s fine for safety violation

August 13, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
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Indiana asks court to overturn gay marriage ruling

August 12, 2014
 Associated Press
Attorneys who want a federal appeals court to overrule a judge who threw out Indiana's gay marriage ban say there's no constitutional right to marry a person of the same sex.
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No evidence car crash caused by other driver, 7th Circuit rules

August 8, 2014
Marilyn Odendahl
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
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Target files brief in Indiana case in support of gay marriage

August 6, 2014
 Associated Press
Target Corp. is adding its name to a legal defense of gay marriage, joining other large companies that are taking a stand, just four years after the retailer came under criticism for supporting a strident opponent of same-sex unions. The company has filed a court brief backing marriage equality  in the case pending before the 7th Circuit Court of Appeals invovling Indiana and Wisconsin same-sex marriages.
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7th Circuit affirms man not entitled to habeas relief

August 5, 2014
Jennifer Nelson
Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.
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7th Circuit overrules decades-old precedent, orders more proceedings on benefits case

August 5, 2014
Jennifer Nelson

The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.

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First responders support gay marriage in Indiana

August 5, 2014
 Associated Press
Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.
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Death row inmate denied relief by 7th Circuit

August 4, 2014
Jennifer Nelson
An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.
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Testimony properly authenticates video

August 1, 2014
Marilyn Odendahl
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
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7th Circuit remands denial of request for crack cocaine sentence reduction

July 31, 2014
Dave Stafford
A man sentenced to 30 years in federal prison for his role as a Gary gang member who sold large quantities of crack cocaine will have a new shot at a sentence modification, as will the judge who wrote that the defendant may have been linked to several gang-related murders.
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Hamilton County clerk voluntary dismissed from same-sex marriage appeal

July 30, 2014
Marilyn Odendahl
One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.
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Same-sex couples tell 7th Circuit Indiana’s marriage ban is discriminatory

July 30, 2014
Marilyn Odendahl
Plaintiffs challenging Indiana’s ban on same-sex marriage filed their appellate brief with the 7th Circuit Court of Appeals July 29, making their argument that the state’s marriage law violates their constitutional rights.
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Same-sex couples ask Social Security Administration to recognize their Indiana marriage

July 28, 2014
Marilyn Odendahl
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
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Prisoner wins right to recruit counsel in federal civil suit

July 28, 2014
Dave Stafford
A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.
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7th Circuit rejects prisoner’s ineffective assistance appeal

July 28, 2014
Dave Stafford
A man convicted of attempted murder failed to convince a panel of the 7th Circuit Court of Appeals that he suffered sufficient prejudice to warrant relief from a 90-year sentence imposed after a brutal crime.
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7th Circuit affirms dismissal of Indianapolis wrongful arrest suit

July 28, 2014
Dave Stafford
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
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7th Circuit denies en banc motion in same-sex marriage challenge

July 25, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.
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Plaintiffs say they joined same-sex marriage lawsuit because ‘We wanted to be married’

July 25, 2014
Marilyn Odendahl
Although oral arguments in the Indiana same-sex marriage lawsuits will not be heard until late August, plaintiffs in one of the cases are hoping the 7th Circuit Court of Appeals acts quickly so their challenge can be heard by the Supreme Court of the United States.
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Judge orders federal defender to turn over Conour funds

July 24, 2014
Dave Stafford
A judge has ordered Indiana Federal Community Defenders Inc. to turn over money it is holding in a trust account belonging to convicted fraudster and former attorney William Conour.
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Gay couples' lawyers object to full-court hearing

July 23, 2014
 Associated Press
Attorneys on either side of a lawsuit over Wisconsin and Indiana's overthrown gay marriage bans are wrangling over how many federal judges should hear the states' appeal, a technical issue that could make a big difference.
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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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