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USA vs. Jonathan S. Rose
No. 24-1086
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division, Chief Judge Holly A. Brady. Before Circuit Judges Easterbrook, Kirsch and Pryor. The court vacated the district court’s order dismissing charges against Rose under 18 U.S.C. §922(g)(4) and remanded the case for further proceedings. The district court concluded that a historical context for §922(g)(4) was insufficient to apply a lifetime prohibition on firearm possession to those who have been committed for mental health reasons but are no longer deemed dangerous. The appeals court emphasized the necessity for a detailed record regarding Rose’s mental state and the conditions of his prior commitment and release. It noted that determinations on current dangerousness must be made based on individualized proof, allowing both Rose and the prosecution to present evidence in light of recent rulings. Judge Easterbrook authored the opinion.
7th Circuit Court of Appeals
City of Hammond, Indiana, et al., v. Lake County Board of Elections, et al.
No. 24-1125
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division, Judge Philip P. Simon. Before Circuit Judges Sykes, St. Eve and Lee. This case involves the city of Hammond and several voters challenging the Missouri Plan for judicial selection in Lake County as violating § 2 of the Voting Rights Act. The plaintiffs argued that this hybrid merit-based system, where judges are appointed and then face retention elections, disproportionately limits minority voters’ ability to elect judges of their choice compared to other areas in Indiana with open elections. The district court granted summary judgment for the defendants, concluding that the claim was foreclosed by precedent. The appellate court confirmed this decision, applying the Supreme Court’s recent ruling, which requires a strong inference of intentional discrimination for liability under § 2. The court found no such inference regarding the Indiana legislature’s implementation of the Missouri Plan, thus affirming the judgment. Judge Sykes authored the opinion.
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