7th Circuit Court of Appeals

FSSA employees face individual claims for day care registration revocation

August 31, 2016
Jennifer Nelson
Two employees of the Indiana Family and Social Services Administration will face individual-capacity claims brought by a religious day care whose registration was revoked without providing for some type of hearing, the 7th Circuit Court of Appeals held Tuesday.
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Man’s ineffective assistance of counsel claim fails in 7th Circuit

August 30, 2016
Jennifer Nelson
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
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Death row inmate’s habeas petition denied by 7th Circuit

August 29, 2016
Jennifer Nelson
The man who brutally raped and murdered a teenager in Spencer County in 2001 will continue to sit on death row after the 7th Circuit Court of Appeals affirmed the denial of his petition for habeas corpus relief.
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Man’s sentence for body armor possession upheld

August 29, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the sentence for a convicted felon who was found wearing body armor after police pulled him over for traffic violations and fleeing officers.
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Ex-hospital security guard loses race discrimination appeal

August 29, 2016
Jennifer Nelson
A security guard at a Noblesville hospital was unable to prove to the 7th Circuit Court of Appeals his termination after slapping an autistic patient was based on his race.
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7th Circuit asked to rehear Title VII sexual orientation case

August 26, 2016
Marilyn Odendahl
The former math instructor at Ivy Tech Community College in South Bend who claims that the school violated her Title VII rights by repeatedly denying her promotions and eventually terminating her employment because she is a lesbian has petitioned the 7th Circuit Court of Appeals for rehearing.
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7th Circuit tackles ‘moral turpitude’ in immigration case

August 25, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.
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Outlaws member denied motorcycle club’s seized property

August 24, 2016
Jennifer Nelson
A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.
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7th Circuit opinion highlights confusion over LGBT discrimination protection

August 24, 2016
Marilyn Odendahl
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
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Prisoner’s 2241 petition again fails in 7th Circuit

August 23, 2016
Marilyn Odendahl
A federal prisoner trying to challenge his sentence has again tripped over procedure and lost his second appeal before the 7th Circuit Court of Appeals.
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Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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Court grants habeas writ in case involving repealed drug statute

August 15, 2016
Jennifer Nelson
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
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Man loses challenge to robbery being a violent felony under ACCA

August 15, 2016
Jennifer Nelson
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
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7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

August 12, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
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Majority: Attempt to collect stale debt not deceptive

August 11, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals was divided Wednesday over whether debt collectors violated the Fair Debt Collection Practices Act when they attempted to collect stale debts in Chapter 13 bankruptcy proceedings.
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6 years after finding flaws in disability benefits case, 7th Circuit remands again

August 10, 2016
Jennifer Nelson
Fifteen years after a woman first applied for disability benefits based on degenerative disk disease, obesity, depression, and other ailments, she continues to fight the denial of benefits by the Social Security Administration. On Tuesday, the 7th Circuit Court of Appeals ordered the SSA take another look at her case, the second time it has done so.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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‘Chop shop’ operator’s convictions upheld by 7th Circuit

August 4, 2016
Jennifer Nelson
An Indianapolis man who ran a modern-day “chop shop” in which he stole cars, altered identification numbers and resold them was unable to convince the 7th Circuit Court of Appeals that his convictions and sentence require reversal.
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Judge thinks cop convicted of murder deserves new trial

August 4, 2016
Jennifer Nelson
A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.
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7th Circuit denies rehearing in Conour creditor suit

August 1, 2016
Dave Stafford
The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.
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7th Circuit takes detailed look at Title VII, sexual orientation claims

July 29, 2016
Jennifer Nelson
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
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4 Circuit judges want new trial in polygraph denial case

July 29, 2016
Jennifer Nelson
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
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7th Circuit: Court needs permission to revise supervised release conditions once appealed

July 28, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
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