7th Circuit Court of Appeals

7th Circuit dismisses Moorish tax claim, condemns ‘sovereign citizen’ ideology

February 3, 2017
Olivia Covington
A man who declared himself a “sovereign citizen” as a result of his “Moorish” heritage is in fact not a sovereign citizen who is exempt from taxes, the 7th Circuit Court of Appeals wrote in a Friday opinion that delved into the history of the Moorish-American movement that has been the source of “difficult litigation."
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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7th Circuit upholds judgment in favor of nonprofit’s board of directors

February 2, 2017
Olivia Covington
The 7th Circuit Court of Appeals has upheld summary judgment in favor of a sister on the board of directors of a family foundation after finding that her brother lacked standing to bring either individual or derivative claims on behalf of the corporation.
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7th Circuit allows evidentiary hearing on ineffective assistance of counsel claim

February 2, 2017
Olivia Covington
A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
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Eighth Amendment complaint splits 7th Circuit

January 31, 2017
Marilyn Odendahl
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
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7th Circuit strikes down portions of Indiana vaping law

January 30, 2017
Olivia Covington, Indianapolis Business Journal
A federal court has struck down portions of Indiana’s controversial vaping law, holding that the “astoundingly specific provisions” related to regulations of security, cleanliness and other physical requirements imposed on out-of-state manufacturers violates federal law and seems to imply a state attempt to create a monopoly for an Indiana security firm.
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Woman exonerated in murder loses appeal over fingerprint errors

January 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals declined to allow a plaintiff to seek money damages against an Elkhart County detective who incorrectly identified latent fingerprints as those of a woman convicted of murder in 2002. The panel ruled that despite his training, the detective was still considered an expert on fingerprint identification.
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Exodus refugee group ‘deeply troubled’ by Trump plans

January 27, 2017
 Associated Press
An Indiana organization that successfully blocked former Gov. Mike Pence’s attempted ban on Syrian refuges says it’s “deeply troubled” by President Donald Trump’s plan to do the same across the U.S.
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House panel advances Marion County judicial selection bill

January 26, 2017
Dave Stafford
Despite public concerns that a bill for choosing Indianapolis judges would reduce diversity on the bench, deprive Marion County residents of the right to directly elect jurists and elevate political considerations, a House committee Wednesday advanced a merit-selection measure supported by lawyers, judges and the business community.
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7th Circuit vacates denial of prisoner’s request for help finding counsel

January 25, 2017
Olivia Covington
The 7th Circuit Court of Appeals has vacated a district court order denying a request to help an inmate living in another state recruit counsel for an Indiana case, noting that without counsel or a medical expert, the inmate will be unable to build a strong legal case.
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7th Circuit affirms denial of evidentiary hearing, post-conviction review

January 25, 2017
Olivia Covington
The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.
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Birth certificate battle headed to 7th Circuit

January 24, 2017
IL Staff
Indiana’s battle over who can be listed on a birth certificate is headed for another round with the state filing an appeal of a federal court’s ruling that allows non-birth mothers to be listed on their children’s birth certificates.
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Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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7th Circuit: Umbrella commercial policies’ UIM coverage must reach limits

January 4, 2017
Dave Stafford
A man who was seriously injured in a vehicle crash while driving for his job won a reversal of a federal court ruling in the insurance company’s favor Tuesday.
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7th Circuit affirms Indiana’s ban on robocalls

January 4, 2017
Dave Stafford
A political organization that argued Indiana’s ban on telephone robocalls disfavored political speech and was content discrimination got a terse reply from the 7th Circuit Court of Appeals Tuesday.
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Man can't seek relief for murder conviction after robbery resentencing

January 4, 2017
Olivia Covington
An inmate convicted of murder and attempted robbery cannot be granted habeas relief for the murder conviction because the statute of limitations for that conviction under the Antiterrorism and Effective Death Penalty Act had passed, despite a resentencing on the robbery charge, the 7th Circuit Court of Appeals decided Tuesday.<
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Indiana’s judicial nominees headed toward disappointment

December 28, 2016
Marilyn Odendahl
While Indiana’s two nominees to the federal judiciary have a chance to get a confirmation vote before Inauguration Day, the possibility is extremely slim. The pair likely will find a place in the history books rather than on the bench.
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Conour seeks reconsideration of wire-fraud sentence

December 22, 2016
Dave Stafford
Convicted fraudster and former attorney William Conour is arguing that a case decided earlier this year entitles him to an appeal of his entire 10-year sentence for defrauding clients of more than $6.5 million.
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7th Circuit affirms health care fraud, firearms convictions

December 21, 2016
Olivia Covington
The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.
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Drug dealer’s convictions upheld after ‘exceptionally weak’ arguments

December 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals denied Monday a convicted drug dealer’s appeal of his drug conspiracy and firearm convictions and related sentence, calling his numerous arguments for reversal “exceptionally weak.”
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Court rejects Illinois-Indiana gunrunner’s Facebook argument

December 13, 2016
 Associated Press
An appeals court in Chicago has reaffirmed that your Facebook posting can potentially be used against you in court.
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7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
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7th Circuit rules student-athletes aren’t considered ‘employees’

December 6, 2016
Olivia Covington
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
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