7th Circuit Court of Appeals

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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7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains

April 18, 2014
Marilyn Odendahl
While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions. 
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7th Circuit: Protective sweep by SWAT team reasonable

April 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
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Bipolar defense fails in wire fraud, tax evasion appeal

April 7, 2014
Dave Stafford
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
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7th Circuit affirms 5-year sentence in arson-for-hire

April 4, 2014
Dave Stafford
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
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District Court properly handles expert testimony by non-expert witnesses

March 31, 2014
Marilyn Odendahl
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
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7th Circuit reinstates case involving ‘anti-slating’ statute

March 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.
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Judges order new trial for woman who withdrew, deposited cash from ATMs

March 20, 2014
Jennifer Nelson
In a split decision from the 7th Circuit Court of Appeals, the majority reversed a Russian woman’s conviction for violating a federal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The majority cited the prosecution’s questioning of the woman about past financial records as the reason for reversal.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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