7th Circuit Court of Appeals

Judges blister Pence’s position, solicitor general in Syrian refugee case

September 15, 2016
Dave Stafford

Near the conclusion of more than 50 sometimes shouted questions and incredulous interruptions of Indiana Solicitor General Thomas Fisher on Wednesday, exasperated 7th Circuit Court of Appeals Judge Richard Posner said to him, “Honestly. You are so out of it.”

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Lawyers questioned over Indiana's Syrian refugees order

September 14, 2016
 Associated Press
Attorneys defending Indiana Gov. Mike Pence's order to bar state agencies from helping Syrian refugees resettle in his state have been fiercely questioned by a federal appeals court.
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7th Circuit upholds foster father’s child molestation conviction

September 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals has upheld a foster father’s conviction of molesting his former foster daughter after the foster father claimed that his counsel at trial was ineffective in a manner that was prejudicial.
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Supreme Court Justice Ginsburg to speak at Notre Dame

September 12, 2016
 Associated Press
U.S. Supreme Court Justice Ruth Bader Ginsburg is set to take part in a discussion of law with a federal appeals court judge tonight at the University of Notre Dame in South Bend.
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Indiana sees Syrian refugee stream since Pence order blocked

September 6, 2016
 Associated Press, IL Staff
About 150 Syrian refugees have arrived in Indiana in the months since a federal judge scuttled Republican Gov. Mike Pence's order blocking state agencies from helping their resettlement. Refugee assistance groups expect more this year, even as lawyers for the state go before the 7th Circuit Court of Appeals in Chicago on Sept. 14 to try to have the judge's decision overturned.
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7th Circuit rejects government’s position of inmate self-defense

August 31, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to hold, as the district court did, that an inmate can only use force in self-defense against a correctional officer if the inmate faces death or serious bodily harm.
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FSSA employees face individual claims for day care registration revocation

August 31, 2016
Jennifer Nelson
Two employees of the Indiana Family and Social Services Administration will face individual-capacity claims brought by a religious day care whose registration was revoked without providing for some type of hearing, the 7th Circuit Court of Appeals held Tuesday.
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Man’s ineffective assistance of counsel claim fails in 7th Circuit

August 30, 2016
Jennifer Nelson
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
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Death row inmate’s habeas petition denied by 7th Circuit

August 29, 2016
Jennifer Nelson
The man who brutally raped and murdered a teenager in Spencer County in 2001 will continue to sit on death row after the 7th Circuit Court of Appeals affirmed the denial of his petition for habeas corpus relief.
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Man’s sentence for body armor possession upheld

August 29, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the sentence for a convicted felon who was found wearing body armor after police pulled him over for traffic violations and fleeing officers.
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Ex-hospital security guard loses race discrimination appeal

August 29, 2016
Jennifer Nelson
A security guard at a Noblesville hospital was unable to prove to the 7th Circuit Court of Appeals his termination after slapping an autistic patient was based on his race.
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7th Circuit asked to rehear Title VII sexual orientation case

August 26, 2016
Marilyn Odendahl
The former math instructor at Ivy Tech Community College in South Bend who claims that the school violated her Title VII rights by repeatedly denying her promotions and eventually terminating her employment because she is a lesbian has petitioned the 7th Circuit Court of Appeals for rehearing.
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7th Circuit tackles ‘moral turpitude’ in immigration case

August 25, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.
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Outlaws member denied motorcycle club’s seized property

August 24, 2016
Jennifer Nelson
A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.
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7th Circuit opinion highlights confusion over LGBT discrimination protection

August 24, 2016
Marilyn Odendahl
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
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Prisoner’s 2241 petition again fails in 7th Circuit

August 23, 2016
Marilyn Odendahl
A federal prisoner trying to challenge his sentence has again tripped over procedure and lost his second appeal before the 7th Circuit Court of Appeals.
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Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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Court grants habeas writ in case involving repealed drug statute

August 15, 2016
Jennifer Nelson
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
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Man loses challenge to robbery being a violent felony under ACCA

August 15, 2016
Jennifer Nelson
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
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7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

August 12, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
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Majority: Attempt to collect stale debt not deceptive

August 11, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals was divided Wednesday over whether debt collectors violated the Fair Debt Collection Practices Act when they attempted to collect stale debts in Chapter 13 bankruptcy proceedings.
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6 years after finding flaws in disability benefits case, 7th Circuit remands again

August 10, 2016
Jennifer Nelson
Fifteen years after a woman first applied for disability benefits based on degenerative disk disease, obesity, depression, and other ailments, she continues to fight the denial of benefits by the Social Security Administration. On Tuesday, the 7th Circuit Court of Appeals ordered the SSA take another look at her case, the second time it has done so.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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