7th Circuit Court of Appeals

Judges order injunction against enforcement of permit policy

February 4, 2014
Jennifer Nelson
A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.
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7th Circuit: Man’s offense level for selling gun was properly increased

February 4, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
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Evidence doesn’t show couple knew of mold when selling home

January 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.
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Court affirms 86-year-old uncle could consent to search

January 31, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.
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7th Circuit vacates child porn supervised-release condition

January 31, 2014
Dave Stafford
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
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7th Circuit: Marathon owes more for abandoned locations

January 28, 2014
Dave Stafford
Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.
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7th Circuit bars Indianapolis’ hour limits on adult bookstores

January 27, 2014
Dave Stafford
The 7th Circuit Court of Appeals in Chicago has tossed an Indianapolis ordinance limiting the business hours of adult bookstores from 10 a.m. to midnight Monday through Saturday.
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7th Circuit affirms above-guideline sentence for gun possession

January 21, 2014
Jennifer Nelson
The District Court did not abuse its discretion in sentencing a man who pleaded guilty to one count of possession of a firearm by a felon to a sentence above guidelines, the 7th Circuit Court of Appeals ruled.
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Company can’t prevail in appeal on claims of collusion

January 16, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
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SCOTUS adds IRA dispute in effort to avoid future chaos

January 15, 2014
Marilyn Odendahl
In agreeing to hear an appeal on the question of whether retirement funds remain retirement funds after they are inherited, the Supreme Court of the United States seems to be acknowledging that what is today a rare question could arise more often as the population ages and more parents leave money to their children.
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Snoozing worker wins reversal on ADA claim against employer

January 14, 2014
Marilyn Odendahl
An Indiana company violated the Americans with Disabilities Act when it fired an employee for falling asleep on the job after it learned the worker had a medical condition covered by the federal protection.
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7th Circuit: Ineffective assistance claim can’t challenge deportation

January 10, 2014
Dave Stafford
A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.
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7th Circuit orders judge to reconsider sentence

January 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
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Judges: 11-year-old conviction had little probative value

January 2, 2014
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
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IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules

December 31, 2013
Dave Stafford
An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.
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In monster-truck bankruptcy, courts errantly denied ex-wife’s claim

December 27, 2013
Dave Stafford
Federal Bankruptcy and District courts wrongly denied a woman’s claim against the estate of her ex-husband and business partner who owed her money after they divorced and unwound a monster-truck business for which she had lent money.
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Coachys’ retirement opens up spot on Bankruptcy Court

December 24, 2013
IL Staff
The Judicial Council of the 7th Circuit is accepting applications for a bankruptcy judge position in the Southern District of Indiana. Chief Judge James K. Coachys is retiring in September 2014 at the end of his 14-year term.
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7th Circuit ‘astonished’ by denial of disability for man in ‘awful shape’

December 20, 2013
Dave Stafford
Judges of the 7th Circuit Court of Appeals Friday slapped down the denial of disability benefits for a man they said was among the most severely disabled applicants they had ever seen.
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Man’s second federal child-porn conviction sticks, 7th Circuit rules

December 19, 2013
Dave Stafford
A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.
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7th Circuit blasts counsel, tosses race-based traffic-stop appeal

December 13, 2013
Dave Stafford
An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.
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Government may appeal Conour’s 10-year sentence

December 4, 2013
Dave Stafford
Federal prosecutors who argued for tougher punishment may appeal the 10-year sentence imposed in October for former attorney William Conour who pleaded guilty to a single count of wire fraud.
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Kraft wins in food fight with Cracker Barrel

December 4, 2013
Dave Stafford
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
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Denial of SSI reversed for failure to consider mental health

December 3, 2013
Marilyn Odendahl
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
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Insurance employee loses overtime appeal

December 2, 2013
Dave Stafford
An insurance company employee lost an appeal for overtime compensation when the 7th Circuit Court of Appeals on Wednesday affirmed a District Court grant of summary judgment in favor of the employer.
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SCOTUS takes ACA ‘contraception mandate’ cases

November 26, 2013
IL Staff
The U.S. Supreme Court on Tuesday agreed to hear two cases that could determine whether companies that provide health insurance to employees can be required under the new health care law to provide coverage for birth control.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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