7th Circuit Court of Appeals

‘Sovereign citizen’ convicted of kidnapping daughter loses appeal

July 16, 2014
Jennifer Nelson
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
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Ice cold beer? Not here

July 16, 2014
Marilyn Odendahl
The challenge to Indiana cold beer regulation continues in state court and 7th Circuit Court of Appeals.
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Ruling may expedite demise of Marion County township venues

July 16, 2014
Dave Stafford
Marion County’s unique township small claims courts may be on the verge of extinction, hastened by a game-changing ruling this month by the full 7th Circuit Court of Appeals.
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Convenience stores continue fight for cold beer

July 15, 2014
Marilyn Odendahl
Indiana convenience stores are pushing forward with their effort to persuade the courts to upend the state’s restrictions on cold beer sales.
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Court to hear gay marriage arguments Aug. 13

July 15, 2014
 Associated Press
A federal appeals court in Chicago will hear arguments in challenges of gay marriage bans in Wisconsin and Indiana on Aug. 13.
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7th Circuit: Indiana's marriage solemnization statute violates Constitution

July 14, 2014
Marilyn Odendahl
Finding that Indiana’s statute specifying who many solemnize marriage “discriminates arbitrarily among religious and ethical beliefs,” the 7th Circuit Court of Appeals ruled the state must allow certified secular humanist celebrants to perform wedding ceremonies.
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ACLU asks fed attorney to recognize Indiana gay marriages

July 14, 2014
 Associated Press
Attorneys on Friday asked U.S. Attorney General Eric Holder to step in on behalf of hundreds of same-sex couples who were wed before a federal appeals court stayed an order striking down Indiana's gay marriage ban.
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7th Circuit reinstates CSX worker’s sex discrimination claims

July 11, 2014
Dave Stafford
The 7th Circuit Court of Appeals Thursday reinstated sex discrimination and retaliation claims from a woman who alleges she was denied opportunities to advance as a railroad yardmaster with CSX Transportation Inc.
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7th Circuit orders agency to reconsider denial of benefits

July 10, 2014
Jennifer Nelson
Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.
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Too much time has passed for man to sue after rifle accident, 7th Circuit says

July 10, 2014
Jennifer Nelson
A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.
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Woman loses appeal of discrimination lawsuit against employer

July 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.
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Judges order SSA to determine if father is entitled to daughter’s disability benefits

July 3, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”
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Divided 7th Circuit revives Marion County Small Claims suit

July 3, 2014
Jennifer Nelson
More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.
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7th Circuit grants motion recognizing marriage of same-sex couple in Indiana

July 1, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals has issued an order compelling the state of Indiana to recognize the marriage of one same-sex couple.
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Indiana argues same-sex marriage of terminally ill woman should not be recognized

July 1, 2014
Marilyn Odendahl
While conceding the same-sex marriage lawsuit involving a terminally ill Indiana woman would warrant an exception, the Indiana attorney general maintained no legal exception has been found and the marriage should not be recognized by the state.
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Same-sex couple facing terminal illness files emergency motion with 7th Circuit

June 30, 2014
Marilyn Odendahl
The couple who won an initial battle to have their same-sex marriage recognized – a case that foreshadowed the overturning of Indiana’s marriage law last week – is now fighting the emergency stay granted June 27 by the 7th Circuit Court of Appeals.
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Court puts Indiana gay marriage ruling on hold

June 27, 2014
 Associated Press
A federal appeals court on Friday put on hold a judge's order striking down Indiana's gay marriage ban, bringing same-sex marriages to a halt and leaving those who've already tied the knot in legal limbo.
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Church lacks standing to appeal order preventing erection of crosses on city property

June 26, 2014
Jennifer Nelson
An Evansville church that sought to display multiple six-foot-tall crosses along the city’s public Riverfront cannot appeal the court order that prevents the city from allowing the display, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana attorney general appeals marriage ruling

June 26, 2014
Marilyn Odendahl
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
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7th Circuit, Bankruptcy Court seek comment on rule changes

June 24, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.
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7th Circuit denies convicted murderer habeas relief

June 24, 2014
Jennifer Nelson
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
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Judges vacate 2 conditions of supervised release

June 23, 2014
Jennifer Nelson
Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.
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Pawn shop owner loses case based on ‘class-of-one’ theory

June 20, 2014
Jennifer Nelson
An Evansville pawn shop owner couldn’t convince the 7th Circuit Court of Appeals that the state singled him out for disparate treatment without a rational basis when it initially denied his application for a pawnbroking license.
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Janitor loses pro se complaint alleging discrimination

June 20, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals noted that it was a “close call” whether a man worked in a hostile work environment as a school temporary janitor, but judges found that he could not meet his legal burden to prove that he suffered severe or pervasive harassment based on his race.
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State appeals ruling recognizing single same-sex marriage

June 19, 2014
Dave Stafford
Indiana Attorney General Greg Zoeller has asked the 7th Circuit Court of Appeals to reverse an Indianapolis federal judge’s ruling requiring the state to recognize the same-sex marriage of two women, one of whom is gravely ill.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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