7th Circuit Court of Appeals

7th Circuit dismisses 3 Latin Kings gang members’ appeals

September 2, 2014
Jennifer Nelson
Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.
More

Divided 7th Circuit affirms dismissal of RTW challenge

September 2, 2014
Jennifer Nelson
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
More

PACER removes older 7th Circuit case files

August 28, 2014
IL Staff
Closed cases filed before 2008 in the U.S 7th Circuit Court of Appeals have been removed from the PACER online database, as have older records from several other federal courts.
More

7th Circuit finds ALJ’s methodology flawed, orders more proceedings

August 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals found an administrative law judge’s opinion denying a man Social Security disability benefits reflects a “flawed evaluation of the record of evidence,” so it ordered more proceedings on the matter.
More

Deficient counsel does not overcome convincing evidence

August 26, 2014
Marilyn Odendahl
Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.
More

Judges blast Indiana, Wisconsin gay marriage bans

August 26, 2014
 Associated Press
Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.
More

Crowds line up to hear federal gay marriage appeal

August 26, 2014
 Associated Press
The legal skirmish over same-sex marriage shifted Tuesday to a federal appeals court in Chicago, where nearly 200 people lined up hoping to hear arguments in a case challenging gay marriage bans in Wisconsin and Indiana.
More

2 attorneys to argue for same-sex marriage before 7th Circuit

August 22, 2014
Marilyn Odendahl
In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.
More

7th Circuit grants city, mayor’s request for stay

August 20, 2014
Jennifer Nelson
The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.
More

Same-sex marriage memo keeps Pence as defendant in lawsuit

August 20, 2014
 Associated Press, Marilyn Odendahl
A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.
More

7th Circuit upholds drug convictions, remands for resentencing

August 19, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.
More

Judges order man sentenced under original plea agreement

August 19, 2014
Jennifer Nelson
The District Court committed a legal error when it withdrew a defendant’s guilty plea on his behalf instead of allowing the defendant the choice to stand by the plea or withdraw it, ruled the 7th Circuit Court of Appeals.
More

Judges uphold man’s sentence under newer guidelines

August 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
More

Judge wants Congress to reconsider FDIC’s rights when taking over a bank

August 14, 2014
Jennifer Nelson
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
More

Security software maker loses trademark case against Warner Bros.

August 14, 2014
Jennifer Nelson
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
More

7th Circuit declines to overturn mine’s fine for safety violation

August 13, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
More

Indiana asks court to overturn gay marriage ruling

August 12, 2014
 Associated Press
Attorneys who want a federal appeals court to overrule a judge who threw out Indiana's gay marriage ban say there's no constitutional right to marry a person of the same sex.
More

No evidence car crash caused by other driver, 7th Circuit rules

August 8, 2014
Marilyn Odendahl
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
More

Target files brief in Indiana case in support of gay marriage

August 6, 2014
 Associated Press
Target Corp. is adding its name to a legal defense of gay marriage, joining other large companies that are taking a stand, just four years after the retailer came under criticism for supporting a strident opponent of same-sex unions. The company has filed a court brief backing marriage equality  in the case pending before the 7th Circuit Court of Appeals invovling Indiana and Wisconsin same-sex marriages.
More

7th Circuit affirms man not entitled to habeas relief

August 5, 2014
Jennifer Nelson
Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.
More

7th Circuit overrules decades-old precedent, orders more proceedings on benefits case

August 5, 2014
Jennifer Nelson

The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.

More

First responders support gay marriage in Indiana

August 5, 2014
 Associated Press
Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.
More

Death row inmate denied relief by 7th Circuit

August 4, 2014
Jennifer Nelson
An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.
More

Testimony properly authenticates video

August 1, 2014
Marilyn Odendahl
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
More

7th Circuit remands denial of request for crack cocaine sentence reduction

July 31, 2014
Dave Stafford
A man sentenced to 30 years in federal prison for his role as a Gary gang member who sold large quantities of crack cocaine will have a new shot at a sentence modification, as will the judge who wrote that the defendant may have been linked to several gang-related murders.
More
Page  << 11 12 13 14 15 16 17 18 19 20 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

ADVERTISEMENT