7th Circuit Court of Appeals

Judge orders federal defender to turn over Conour funds

July 24, 2014
Dave Stafford
A judge has ordered Indiana Federal Community Defenders Inc. to turn over money it is holding in a trust account belonging to convicted fraudster and former attorney William Conour.
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Gay couples' lawyers object to full-court hearing

July 23, 2014
 Associated Press
Attorneys on either side of a lawsuit over Wisconsin and Indiana's overthrown gay marriage bans are wrangling over how many federal judges should hear the states' appeal, a technical issue that could make a big difference.
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Government failed to prove man intended to sell unstamped cigarettes in Indiana

July 23, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday reversed the denial of a man’s motions for judgment of acquittal on a charge that he brought cigarettes from Kentucky to sell in Indiana without paying an Indiana tax on them. The government couldn’t show that Haitham Mohamed intended to sell the 1,170 packs of cigarettes in Indiana.
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Fired DOC counselor’s sex-discrimination claim revived by 7th Circuit

July 22, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reinstated a former Department of Correction substance abuse counselor’s lawsuit alleging sex-discrimination and hostile work environment, finding she was treated differently as compared to the employee she had an affair with while working at a maximum-security prison.
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Woman waived challenge to amount of loss attributable to her conduct

July 21, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the 57-month sentence for a woman involved in a real estate fraud scheme, finding she waived the issue regarding the amount of loss attributable to her conduct.
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Plea agreement bars defendant from appealing sentence

July 18, 2014
Jennifer Nelson
A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.
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Admittance of hearsay evidence harmless error, rules 7th Circuit

July 17, 2014
Jennifer Nelson
The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.
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‘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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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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