7th Circuit Court of Appeals
Defendant entitled to resentencing under Fair Sentencing Act
February 7, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy
to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
MorePrisoners can seek reductions of crack cocaine sentences
February 7, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two
defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
More7th Circuit reverses dismissal of prisoner’s suit
February 1, 2013
Jennifer NelsonA lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned
he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
More7th Circuit grants injunction in company’s suit against providing employees contraceptives
January 31, 2013
Jennifer NelsonFinding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate
that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted
an injunction Wednesday.
MoreLawmakers amend bill to restrict sex offenders’ access to social media
January 29, 2013
IL StaffIn response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting
sex offenders from using social media sites.
More7th Circuit strikes down sex-offender social media ban as unconstitutional
January 23, 2013
Jennifer NelsonIndiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate
is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges
ordered a permanent injunction entered preventing enforcement of the current law.
More7th Circuit orders SSA take another look at woman’s case
January 18, 2013
Jennifer NelsonFinding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits
made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social
Security Administration for more proceedings.
MoreJudge supports denying rehearing, but disagrees with colleagues’ rationale
January 9, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally
upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed
with her fellow panel members’ rationale for originally affirming the seizure.
MoreSettlement without insurer’s consent is at builder’s expense
January 8, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that
their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding
a settlement, the insurer has no obligation to pay for the cleanup.
MoreJudges ‘disturbed’ by linking of drugs to defendant’s nationality
January 3, 2013
Jennifer NelsonEven though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted
testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new
trial.
MoreMan argues the sentencing guidelines were applied incorrectly
December 27, 2012
Marilyn OdendahlA Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th
Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending
on the circumstances.
MorePrice of postage is not enough for 7th Circuit to review NLRB's ruling
December 27, 2012
Marilyn OdendahlThe cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit
Court of Appeals has ruled.
MoreCourt orders new trial on damages owed to wrongfully convicted man
December 20, 2012
Jennifer NelsonFinding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial
for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
More7th Circuit rules in favor of hospital in EMTALA violation suit
December 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room”
is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment
and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
MoreJudges uphold finding that past burglaries were not single criminal episode
December 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should
be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
More7th Circuit reinstates suit to recoup environmental cleanup costs
December 19, 2012
Jennifer NelsonFinding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated
site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
MoreFederal Bar Update: Rule changes, 7th Circuit procedural decisions
December 19, 2012
John MaleyAs federal practitioners know, each Dec. 1 new federal rule amendments take effect. In most recent years there have been significant
changes to Federal Rules of Civil Procedure each December.
MoreDurham files to appeal federal conviction
December 17, 2012
IBJ StaffTim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late
November.
More7th Circuit affirms ruling for officers on excessive force claims
December 13, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff
and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment
for the defendants on excessive force claims.
More7th Circuit upholds $3M restitution order for copper theft
December 5, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that
restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount
of restitution he should pay for his role in copper theft.
MoreSuccessful Durham appeal unlikely, outside lawyers say
December 3, 2012
Scott OlsonThe co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers
for the two men say.
MoreStatute of limitations did not run out on charging man with attempted bank robbery
November 21, 2012
Jennifer NelsonA northern Indiana man’s conviction for attempted bank robbery stands after the 7th Circuit Court of Appeals found the
five-year statute of limitations to bring the charge began tolling under an exception involving DNA testing.
MoreMan loses appeal of suit against sheriff, jail medical staff
November 20, 2012
Jennifer NelsonA man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county
sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld
the grant of summary judgment in favor of the defendants.
MoreFormer officer’s convictions of bribery, attempted extortion affirmed
November 20, 2012
Jennifer NelsonThe sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted
extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit
Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District
Court precluded.
More7th Circuit: Child porn victims must prove defendant shared images to receive monetary damages
November 15, 2012
Dave StaffordTwo victims who received restitution judgments of $3.367 million and $965,827 must prove the defendant convicted of multiple
federal child pornography counts uploaded images of them.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.