7th Circuit Court of Appeals

Majority finds no violation of deceased inmate's 8th Amendment rights

February 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for a correctional medical services provider in a lawsuit alleging the company violated an inmate’s Eighth Amendment rights against cruel and unusual punishment.
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Court affirms murder, accessory convictions

February 18, 2016
Scott Roberts
The 7th Court of Appeals affirmed charges of first-degree murder and accessory after the fact to the murder against two federal prison inmates after each appealed the sufficiency of the evidence underlying their convictions.
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No demand futility in Biglari transactions

February 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
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7th Circuit disagrees with ALJ that woman is able to work

February 9, 2016
Marilyn Odendahl
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
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Hoosier’s quest to reach public road ends at 7th Circuit

February 9, 2016
Marilyn Odendahl
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
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7th Circuit: Plea agreement forecloses sentence appeal

February 5, 2016
Jennifer Nelson
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
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Plaintiff failed to prove injury caused by crane lessor

February 4, 2016
Jennifer Nelson
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
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Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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7th Circuit finds cop’s sentence ‘light,’ orders resentencing

January 28, 2016
Jennifer Nelson
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
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Selby, Ong nominated for federal bench

January 27, 2016
Marilyn Odendahl
Even before a confirmation hearing has been gaveled to order or a floor vote scheduled, one nominee to an Indiana vacancy on the federal bench is facing opposition as a home state senator renews his call for a nominating commission.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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7th Circuit affirms denial of disability benefits

January 14, 2016
Dave Stafford
A worker with myriad health complaints failed to persuade the 7th Circuit Court of Appeals to reverse a district court’s decision denying him long-term Social Security disability benefits.
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Selby and Ong nominated to fill seats on the federal bench

January 13, 2016
Marilyn Odendahl
As the two Indiana nominees for a pair of vacancies on the federal bench begin the confirmation process, one Indiana senator is withholding his support of the candidate for the 7th Circuit Court of Appeals.
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Former Indiana justice, assistant U.S. attorney nominated for federal bench vacancies

January 12, 2016
Marilyn Odendahl
President Barack Obama has announced his nominations for two federal judicial openings in Indiana.
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Employed physician fails to show hospital ‘blemished’ his reputation

January 12, 2016
Marilyn Odendahl
A central Indiana radiologist was not deprived of property when Tipton Hospital cancelled his medical privileges and the contract with his professional corporation, according to the 7th Circuit Court of Appeals.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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Donnelly hopeful Indiana’s federal court vacancies will be filled soon

December 30, 2015
Marilyn Odendahl
With U.S. District Judge Robert Miller Jr. preparing to take senior status in January, Indiana will have three judicial vacancies to fill on the federal bench.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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7th Circuit rejects Conour’s bid to remove judge

December 24, 2015
Dave Stafford
Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.
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7th Circuit orders new resentencing hearing

December 21, 2015
Jennifer Nelson
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
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7th Circuit divided over injunction in defamation case

December 18, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Indiana’s cold beer prohibition survives rational-basis review

December 15, 2015
Marilyn Odendahl
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
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Ex-Subway pitchman Jared Fogle appealing child porn sentence

December 15, 2015
 Associated Press
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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