SCOTUS denies Indiana judicial canons case
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
7th Circuit Court of Appeals
Articles
7th Circuit rejects ineffective trial assistance claim
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
SCOTUS denies case between Indiana agencies on 11th Amendment
The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits an independent state agency from suing a traditional state agency in federal court.
Judges uphold identity thief’s sentence
In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.
Lawsuit to take bar exam goes to 7th Circuit
The man who believes he should be able to sit for the bar exam even though he didn’t go to law school has asked the 7th Circuit Court of Appeals to reconsider the dismissal of his lawsuit.
NCAA championship ticket distribution not a lottery
The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.
Government shutdown would have little impact on federal legal system
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
Court tackles ‘sexual activity’ meaning in statute
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
Coroner’s office loses 2nd reverse-discrimination appeal
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
Circuit Court orders new trial on Rule 404(b) grounds
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
7th Circuit rules on Rolls-Royce job-bias case
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
Judges: defendant should be able to confront witness
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
SCOTUS asked to take Indiana stun belt case
The Supreme Court of the United States is being asked to consider an Indiana case about a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial and that led to a wrongful conviction.
7th Circuit upholds tax, fraud conviction against attorney, wife
The 7th Circuit Court of Appeals has upheld the finding that a Brownsburg attorney and his wife fraudulently withheld their 2001 income from the Internal Revenue Service through an elaborate shell game.
7th Circuit judge to speak at rescheduled event
The Southern District of Indiana has rescheduled a Black History Month event that had been postponed because of inclement weather in February.
Circuit Court affirms judgments against 2 ex-IMPD narcotics officers
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
7th Circuit upholds qualified immunity for DCS workers
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause – the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
Lawmaker asks General Assembly to study creation of state patent law
An Indiana lawmaker wants to explore whether the state should create its own patent law, focusing on specific business method processes that aren’t covered by the federal patent system.
7th Circuit reverses on relation back issue
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
7th Circuit takes girls’ basketball schedule case
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.