7th Circuit Court of Appeals

7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case

May 20, 2013
Dave Stafford
An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.
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Man’s prior conviction doesn’t render him a career offender

May 10, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

May 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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Chief Justice Roberts says budget cuts translate into judicial furlough and layoffs

May 7, 2013
Marilyn Odendahl
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
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7th Circuit reaffirms drug conviction over claims of ineffective counsel

May 7, 2013
Dave Stafford
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
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Lugar: Votes for Obama Supreme Court nominees carried heavy cost

May 6, 2013
Dave Stafford
Former Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.
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Bankruptcy filings drop in Indiana, U.S.

April 29, 2013
IL Staff
Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
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7th Circuit denies petitions seeking review of mine safety regulations

April 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.
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7th Circuit rules for employer on fired worker’s claims

April 25, 2013
Jennifer Nelson
An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.
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SCOTUS declines review of injunction against Medicaid cap on dental work

April 22, 2013
IL Staff
The Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid recipients at $1,000 per year.
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7th Circuit declines to overturn ruling on excessive force

April 18, 2013
Jennifer Nelson
A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
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GE did not discriminate against employee

April 16, 2013
Jennifer Nelson
A longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the Equal Employment Opportunity Commission.
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Judges affirm AUL Insurance owed no fiduciary duty to 401(k) plan

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that the insurance company's revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security Act of 1974.
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7th Circuit affirms men’s drug convictions

April 16, 2013
Jennifer Nelson
In a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler pleaded guilty but argued he should be allowed to appeal.
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Trial court needs to take another look at alibi defense

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s petition for habeas corpus and ordered the District Court to take another look at the defense counsel’s alibi defense investigation.
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7th Circuit: Federal courts or juries can’t decide religious questions

April 10, 2013
Jennifer Nelson
Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.
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7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission

April 9, 2013
Marilyn Odendahl
Although a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
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7th Circuit revives suit for woman with MS fired from city job

April 9, 2013
Dave Stafford
An Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
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7th Circuit affirms for employer in rental equipment fatality

April 9, 2013
Dave Stafford
An employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift, the 7th Circuit Court of Appeals ruled Monday.
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Broken gun still a firearm for felon-conviction purposes

April 4, 2013
Dave Stafford
A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.
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Presence of alternate juror in deliberation room not reversible error

April 4, 2013
Dave Stafford
A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms defense verdict in motorcycle crash

April 4, 2013
Dave Stafford
A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.
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7th Circuit: no liability insurance coverage for associate’s error

April 2, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
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Judge allows Corcoran to appeal denial of habeas corpus

April 1, 2013
Jennifer Nelson
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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