7th Circuit Court of Appeals

Bankruptcy judge reappointed to 14-year term

June 10, 2011
IL Staff
The 7th Circuit Court of Appeals has reappointed Bankruptcy Judge Anthony J. Metz III in the U.S. District Court’s Southern District of Indiana to another 14-year term when his current term ends Nov. 14, 2011.
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SCOTUS: Vehicular flight from police is 'violent' felony

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge's ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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7th Circuit affirms ruling against former jail nurses

June 9, 2011
Jennifer Nelson
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
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Local counsel rule found unconstitutional

June 8, 2011
Michael Hoskins
The 7th Circuit Court of Appeals recently ruled that the Northern District of Indiana was essentially creating a built-in appeal issue on ineffective assistance of counsel, and it called out a senior judge for violating a man’s Sixth Amendment right to choose his own lawyer.
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7th Circuit affirms dismissal of hostile work environment claim

June 3, 2011
Jenny Montgomery
The 7th Circuit Court of Appeals has determined that a woman failed to prove that she was subject to a hostile work environment at Ball State University.
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7th Circuit: Indiana judge violated man's Sixth Amendment right to counsel

May 23, 2011
Michael Hoskins
An appellate court has ruled that a senior judge in the Northern District of Indiana violated a man’s Sixth Amendment rights by not allowing him to proceed to trial with the lawyer of his choosing.
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DOC drops kosher meal appeal

May 16, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.
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7th Circuit rules in favor of bank in lien dispute

May 11, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals had to decide whether the relevant property in a dispute between a bank and the Internal Revenue Service was the real estate the bank owned or if it was the rentals of that property. Whether the IRS’ tax lien could take priority over the bank’s lien hinged on the answer.
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Enduring legal process doesn't change parents' desire for justice

May 11, 2011
Michael Hoskins

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

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State death penalty cases averaged 17 yearsRestricted Content

May 11, 2011
Michael Hoskins
When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.
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Mental aspect of capital cases can be challenging

May 11, 2011
Michael Hoskins
When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.
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7th Circuit addresses sex offender registration law

May 3, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
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Judges split on District Court’s use of Colorado River abstention doctrine

May 3, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
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SCOTUS denies cert, upholding Indiana's judicial canons

May 2, 2011
Michael Hoskins
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
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SCOTUS denies Indiana judicial canons case

May 2, 2011
Michael Hoskins
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
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7th Circuit rejects ineffective trial assistance claim

April 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
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SCOTUS denies case between Indiana agencies on 11th Amendment

April 25, 2011
Michael Hoskins
The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits an independent state agency from suing a traditional state agency in federal court.
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Judges uphold identity thief's sentence

April 22, 2011
Jennifer Nelson
In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.
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Lawsuit to take bar exam goes to 7th Circuit

April 22, 2011
Jennifer Nelson
The man who believes he should be able to sit for the bar exam even though he didn’t go to law school has asked the 7th Circuit Court of Appeals to reconsider the dismissal of his lawsuit.
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NCAA championship ticket distribution not a lottery

April 21, 2011
Jennifer Nelson
The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.
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Government shutdown would have little impact on federal legal system

April 8, 2011
Michael Hoskins
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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Coroner's office loses 2nd reverse-discrimination appeal

April 5, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
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Circuit Court orders new trial on Rule 404(b) grounds

April 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
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7th Circuit rules on Rolls-Royce job-bias case

March 31, 2011
Michael Hoskins
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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