7th Circuit Court of Appeals

7th Circuit won’t reinstate Lauren Spierer family’s lawsuit

August 14, 2015
Dave Stafford
A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals ruled Friday.
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Police deadly force justified against suicidal man

August 14, 2015
Dave Stafford
Police who shot and killed a suicidal man in his Cloverdale home were justified in using deadly force under the circumstances, the 7th Circuit Court of Appeals ruled Friday.
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7th Circuit divided over appeal from death row inmate

August 13, 2015
Marilyn Odendahl
A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.
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SWAT busted in 'disturbing' Evansville home raid

August 12, 2015
Dave Stafford
A violent, destructive and ultimately misguided SWAT team search of an Evansville home captured on helmet-cam video was “disturbing” and “cannot have helped race relations in Evansville,” a federal appeals court said July 31.
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Long wait for cold beer decision not unusual

August 12, 2015
Marilyn Odendahl
The 7th Circuit heard oral arguments Jan. 7, 2015, in the lawsuit challenging the state’s prohibition against convenience stores selling beer cold.
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Concerns with supervised release conditions

August 12, 2015
James Bell, K. Michael Gaerte
The 7th Circuit has issued a series of additional opinions, shedding more light on the goals, scope and limitations of conditional release.
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Appeal raises ire of 7th Circuit

August 10, 2015
Marilyn Odendahl
A southern Indiana couple who tried to stop the sale of their property to satisfy delinquent state and federal taxes was unsuccessful. The 7th Circuit Court of Appeals described the merits of their appeal as “feeble.&rdquo
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7th Circuit rejects Indiana appeal of EPA ruling

August 10, 2015
Dave Stafford
Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
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Sex offender wins right to view legal adult porn

August 7, 2015
Dave Stafford
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
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Federal court properly denied bid to withdraw money-laundering plea

August 6, 2015
Dave Stafford
An Indiana federal District Court judge properly denied a woman’s motion to withdraw her money-laundering plea, the 7th Circuit Court of Appeals ruled Wednesday.
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Long wait for cold beer decision not unusual

August 5, 2015
Marilyn Odendahl
Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are constitutional is no reason to switch to liquor.
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7th Circuit blasts Evansville flash bang search, notes racial factor

August 3, 2015
Dave Stafford
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
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Denial of disability benefits remanded for better explanation

August 3, 2015
 Associated Press
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
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7th Circuit: Statute citation not required to revoke supervised release

July 29, 2015
Dave Stafford
A South Bend man whose supervised release on a federal firearms conviction was revoked after he was accused of assaulting a woman wasn’t deprived due process, the 7th Circuit Court of Appeals ruled Wednesday.
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Tinder departs 7th Circuit

July 29, 2015
Dave Stafford
Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.
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Litigant misses trial court’s SHOUTING

July 28, 2015
Marilyn Odendahl
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
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Union pension plan gets victory in 7th Circuit

July 27, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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7th Circuit denies new trial for convicted bank robber

July 23, 2015
Dave Stafford
A man convicted of robbing the Hammond Standard Bank & Trust in December 2011 failed to convince the 7th Circuit Court of Appeals that he was entitled to a new trial.
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7th Circuit overturns some Blagojevich Senate-seat convictions

July 22, 2015
 Associated Press
A federal appeals court Tuesday overturned some of the most sensational convictions that sent former Illinois Gov. Rod Blagojevich to a lengthy stint in prison, ruling that the Democrat did not break the law when he sought to secure a Cabinet position in President Barack Obama’s administration in exchange for appointing an Obama adviser to the president’s former U.S. Senate seat.
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7th Circuit affirms restaurateur’s harboring conviction

July 22, 2015
Dave Stafford
The 7th Circuit Court of Appeals Tuesday affirmed an Illinois businessman’s conviction of harboring illegal immigrants in a northern Indiana restaurant he owned along with a nearby house where his workers lived.
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Judgment for city on wrongful arrest claim affirmed

July 22, 2015
Dave Stafford
An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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Judge’s failure to address killers’ upbringings requires resentencing

July 21, 2015
Dave Stafford
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
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Incomplete continuity slip gets conviction vacated

July 13, 2015
Marilyn Odendahl
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
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