7th Circuit Court of Appeals

7th Circuit finds cop’s sentence ‘light,’ orders resentencing

January 28, 2016
Jennifer Nelson
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
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Selby, Ong nominated for federal bench

January 27, 2016
Marilyn Odendahl
Even before a confirmation hearing has been gaveled to order or a floor vote scheduled, one nominee to an Indiana vacancy on the federal bench is facing opposition as a home state senator renews his call for a nominating commission.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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7th Circuit affirms denial of disability benefits

January 14, 2016
Dave Stafford
A worker with myriad health complaints failed to persuade the 7th Circuit Court of Appeals to reverse a district court’s decision denying him long-term Social Security disability benefits.
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Selby and Ong nominated to fill seats on the federal bench

January 13, 2016
Marilyn Odendahl
As the two Indiana nominees for a pair of vacancies on the federal bench begin the confirmation process, one Indiana senator is withholding his support of the candidate for the 7th Circuit Court of Appeals.
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Former Indiana justice, assistant U.S. attorney nominated for federal bench vacancies

January 12, 2016
Marilyn Odendahl
President Barack Obama has announced his nominations for two federal judicial openings in Indiana.
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Employed physician fails to show hospital ‘blemished’ his reputation

January 12, 2016
Marilyn Odendahl
A central Indiana radiologist was not deprived of property when Tipton Hospital cancelled his medical privileges and the contract with his professional corporation, according to the 7th Circuit Court of Appeals.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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Donnelly hopeful Indiana’s federal court vacancies will be filled soon

December 30, 2015
Marilyn Odendahl
With U.S. District Judge Robert Miller Jr. preparing to take senior status in January, Indiana will have three judicial vacancies to fill on the federal bench.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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7th Circuit rejects Conour’s bid to remove judge

December 24, 2015
Dave Stafford
Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.
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7th Circuit orders new resentencing hearing

December 21, 2015
Jennifer Nelson
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
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7th Circuit divided over injunction in defamation case

December 18, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Indiana’s cold beer prohibition survives rational-basis review

December 15, 2015
Marilyn Odendahl
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
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Ex-Subway pitchman Jared Fogle appealing child porn sentence

December 15, 2015
 Associated Press
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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Conour appeals to 7th Circuit to defend self, remove judge

December 11, 2015
Dave Stafford
Ex-attorney William Conour claims in a jailhouse motion he filed Thursday that the judge who sentenced him to 10 years in prison for wire fraud appears to be biased in favor of prosecutors and must be removed for preventing him from representing himself.
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7th Circuit affirms city blocking strip club plans

December 8, 2015
Dave Stafford
Plans to open a strip club called “Showgirl” in Angola have been blocked for more than three years, but the 7th Circuit Court of Appeals found the city and courts were within their rights to do so.
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7th Circuit reverses benefits denial; judge chastises process

December 7, 2015
Jennifer Nelson
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
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7th Circuit stops Cook County sheriff’s campaign against adult ads

December 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals was not convinced by the sheriff’s arguments and instead saw his actions as “government coercion” and leading to a slippery slope.
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Companies’ agreement not a requirements contract, 7th Circuit holds

November 6, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals vacated judgment in favor of a company that sued its carbon black supplier after it was unable to fulfill orders, holding the lower court erred in ruling in favor of the purchaser after finding the agreement between the companies was a requirements contract.
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Court affirms enhanced sentence for incest offense

November 6, 2015
Jennifer Nelson
Finding the District Court conducted the correct analysis when determining the sentence of a man who had failed to register as a sex offender in Indiana and then committed incest with his 18-year-old daughter, the 7th Circuit Court of Appeals affirmed the six-level sentencing enhancement.
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Evansville asks US Supreme Court to review SWAT raid ruling

November 5, 2015
 Associated Press, IL Staff
The city of Evansville has asked the Supreme Court of the United States to review a federal appeals court's ruling in a lawsuit filed over a SWAT raid.
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7th Circuit affirms man’s sentence for molesting baby

October 28, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s sentence, supervised release conditions and restitution order after he pleaded guilty to raping, molesting and creating pornographic videos of an infant with the mother’s permission.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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