7th Circuit Court of Appeals

7th Circuit: Federal courts or juries can’t decide religious questions

April 10, 2013
Jennifer Nelson
Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.
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7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission

April 9, 2013
Marilyn Odendahl
Although a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
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7th Circuit revives suit for woman with MS fired from city job

April 9, 2013
Dave Stafford
An Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
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7th Circuit affirms for employer in rental equipment fatality

April 9, 2013
Dave Stafford
An employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift, the 7th Circuit Court of Appeals ruled Monday.
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Broken gun still a firearm for felon-conviction purposes

April 4, 2013
Dave Stafford
A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.
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Presence of alternate juror in deliberation room not reversible error

April 4, 2013
Dave Stafford
A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms defense verdict in motorcycle crash

April 4, 2013
Dave Stafford
A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.
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7th Circuit: no liability insurance coverage for associate’s error

April 2, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
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Judge allows Corcoran to appeal denial of habeas corpus

April 1, 2013
Jennifer Nelson
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
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Man may not have drug sentence reduced after pleading guilty

March 29, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
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7th Circuit rules against homeowners on quiet title action

March 29, 2013
Jennifer Nelson
A Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
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Appeals court tackles sex offender use of social media

March 27, 2013
Jennifer Nelson
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
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Durham, other guarantors must post collateral on bond

March 19, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
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Judges deny prisoner’s request to appeal without paying fees

March 13, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
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7th Circuit again reverses drug sentence for minor role reduction

March 13, 2013
Dave Stafford
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
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Judges uphold $600k sanction for contempt

March 1, 2013
Jennifer Nelson
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday. 
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7th Circuit affirms kidnapping and extortion convictions, sentence

March 1, 2013
Jennifer Nelson
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
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5 sitting jurists to judge moot court competition Friday

March 1, 2013
Jennifer Nelson
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
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Bankruptcy ruling locks out insiders

February 27, 2013
Dave Stafford
A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
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Circuit Court rules utility contract falls in state jurisdiction

February 22, 2013
Marilyn Odendahl
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
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High-priced Chicago firm handling Durham’s appeal pro bono

February 21, 2013
Scott Olson
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
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7th Circuit rejects hospital's claims for $20M more in federal aid

February 20, 2013
Jennifer Nelson
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
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7th Circuit Bar seeks Indiana attorneys to honor

February 18, 2013
IL Staff
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
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7th Circuit orders proposed plan of reorganization open to competitive bidding

February 14, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
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7th Circuit revises Pattern Criminal Jury Instructions

February 13, 2013
IL Staff
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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