7th Circuit Court of Appeals

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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7th Circuit orders judge to reconsider dismissal of prisoner’s suit

March 14, 2014
Jennifer Nelson
Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.
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Elected official loses appeal in voter registration removal

March 12, 2014
Jennifer Nelson
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
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7th Circuit rejects lawsuit on insurer’s use of in-house counsel

March 12, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
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Judge Tinder’s retirement plans leaked

March 12, 2014
Dave Stafford
7th Circuit Court of Appeals Judge John Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.
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Judges order woman resentenced for health care fraud

March 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.
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ATF agent’s testimony supports gun conviction

March 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.
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Judge’s pending retirement leaked in clerk applicant’s letter

March 4, 2014
Dave Stafford
News of Indianapolis-based 7th Circuit Court of Appeals Judge John Tinder’s retirement about a year from now came in a way he didn’t expect. And while he won’t be hearing cases in real life afterward, he may be available to play a judge on TV if the opportunity arises.
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7th Circuit affirms denial of motion to suppress search of car

February 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
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High school basketball team’s hair-length policy is discriminatory

February 24, 2014
Marilyn Odendahl
A dispute pitting long hair against an attempt to promote a clean-cut image of Hoosier boys’ basketball is headed for overtime since the 7th Circuit Court of Appeals found a high school’s hair-length requirements pertaining only to male basketball players violated equal protection and Title IX.
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Correctional officer fails to support claims of discrimination against employer

February 24, 2014
Marilyn Odendahl
A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.
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Injunction denial stands in Notre Dame contraception case

February 24, 2014
Dave Stafford
A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.
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Man’s 10-year cocaine sentence upheld by 7th Circuit

February 17, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
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Judges: No credit time for repeatedly violating supervised release

February 17, 2014
Jennifer Nelson
In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).
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Recent SCOTUS decision trims identity-theft sentence

February 7, 2014
Dave Stafford
An Indiana man convicted of stealing the Social Security numbers of more than 10 people must be sentenced to less time in prison because of a recent Supreme Court of the United States decision, the 7th Circuit Court of Appeals ruled in a five-page opinion Friday.
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7th Circuit: Gunman’s reach for weapon nullifies excessive force claim

February 7, 2014
Dave Stafford
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit rules for city on discrimination claims brought by black officers, firefighters

February 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.
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Judges order injunction against enforcement of permit policy

February 4, 2014
Jennifer Nelson
A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.
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