7th Circuit Court of Appeals

7th Circuit upholds Indiana judicial canons

August 20, 2010
Michael Hoskins, Michael Hoskins
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of free speech and should stand.
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Federal identity theft statute includes use of deceased's identity

August 18, 2010
Jennifer Nelson
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
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Safety vs. free speech

August 18, 2010
Michael Hoskins
In her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared for her safety inside her courtroom.
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No qualified immunity for officer in diabetic man's claim

August 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
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7th Circuit affirms Lake County official's sentence

August 11, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using his position in public office for kickbacks.
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7th Circuit: Officer allowed to resume frisk

August 10, 2010
Jennifer Nelson
As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when police have many reasons why they may legitimately stop the car.
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Judge: Look closer at claim of being part of a persecuted social group

August 10, 2010
Jennifer Nelson
In granting a petition for review of a denial of an asylum request, 7th Circuit Court of Appeals Judge David Hamilton believes the Board of Immigration Appeals applied too narrow of a concept of a “social group.&rdquo
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A chargeback isn't a sale of insurance

August 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals held today that a chargeback for the cost of insurance is not a sale of insurance, as some owner-operators of leased trucks argued. The Circuit Court also took issue with the District judge’s decision on which statute of limitations applied to the parts of the suit.
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7th Circuit expands inquiry to implicit motion for new attorney

August 5, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
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Wrongfully convicted man can pursue IIED claim

July 30, 2010
Jennifer Nelson
A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.
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7th Circuit ends use of inextricable intertwinement doctrine

July 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to inextricable intertwinement is unavailable when determining a theory of admissibility.
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Court upholds discrimination claims in coroner's office

July 27, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner could receive.
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Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
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'Posnerian' wisdom featured in professor's new book

July 21, 2010
Rebecca Berfanger
It’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s first draft or outline into a final draft.
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No summary judgment for health-care facility with racial-preference policy

July 20, 2010
Jennifer Nelson
The District Court erred in granting summary judgment to a long-term health-care facility which prevented black workers from assisting certain residents based on the residents’ requests, the 7th Circuit Court of Appeals ruled today.
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7th Circuit reverses dismissal of NCAA illegal ticket-lottery suit

July 16, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association operates an illegal lottery to sell tickets to certain sporting events to go forward.
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7th Circuit upholds gun ban for domestic violence offender

July 14, 2010
Rebecca Berfanger
A Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor is not allowed to have those firearms, even though he argued they were used for hunting.
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Indiana joins fight for National Day of Prayer

July 12, 2010
Jennifer Nelson
Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal law providing for a National Day of Prayer violates the Establishment Clause.
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7th Circuit: Insurer can challenge its duty to defend

June 22, 2010
Elizabeth Brockett
The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
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7th Circuit rules on attorney withdraw brief practicalities

June 22, 2010
Michael Hoskins
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney withdraw briefs on those issues.
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SCOTUS declines New Albany ordinance case

June 14, 2010
Michael Hoskins
The Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult book and movie store.
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7th Circuit upholds denial of alien's motion to dismiss

June 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
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Circuit judge relocating chambers to Maurer School of Law

June 3, 2010
Michael Hoskins
In a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana University Maurer School of Law – Bloomington.
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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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7th Circuit won't stay ruling, despite likely SCOTUS appeal

May 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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