Indiana Court Decisions – Jan. 27-Feb. 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit upholds denial of habeas petition, leaves Davenport question for another day
The 7th Circuit Court of Appeals was able to avoid a “thorny choice of law question” when it found that the cases cited by a federal prisoner convicted and sentenced in Missouri did not conflict with its sister circuit’s view that the offense of exhibiting weapons is a violent felony under the Armed Career Criminal Act.
7th Circuit rules ALJ failed to consider extent of disability caused by rape
The 7th Circuit Court of Appeals has overturned the denial of Social Security disability benefits for an honorably discharged female member of the U.S. Coast Guard who was raped by a fellow service member, finding the administrative law judge’s determination was not supported by the substantial evidence.
7th Circuit affirms, reverses on ‘bona fide error’ defense in consolidated debt suits
Two Indiana women who disputed debts they allegedly owed to debt-collection companies received conflicting results from the 7th Circuit Court of Appeals in a consolidated Wednesday decision.
7th Circuit upholds life sentence for Hoosier man in child sex crimes case
A life sentence has been upheld against an Indiana man convicted of a dozen crimes related to his production and possession of child pornography.
7th Circuit: No ‘qualitative’ limitations in disability denial
An Indiana woman who was denied Social Security disability benefits failed to convince the 7th Circuit Court of Appeals that an administrative law judge erred by not considering the mental difficulty she experienced when being around more than five people at once.
Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit affirms enhanced sentencing despite SCOTUS changes to Armed Career Criminal Act
A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.
7th Circuit overturns summary judgment, gives inmate another chance to litigate grievance
An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”
Indiana Court Decisions – Dec. 30, 2021-Jan. 12, 2022
Read Indiana appellate court decisions from the latest reporting period.
7th Circuit affirms sentence, prompts withdrawal of ineffective counsel claim in pharmacy robbery
An Indianapolis man who at 17 robbed a pharmacy then shot and killed one of his accomplices will have to serve his 19-year sentence after the 7th Circuit Court of Appeals found the district court was allowed to consider the acquitted charge of murder when calculating the sentence.
‘Global assault’ on Indiana abortion laws goes to skeptical 7th Circuit
The so-called “global assault” on Indiana’s abortion regulation scheme was back in court on Wednesday, with the state urging the 7th Circuit Court of Appeals to keep in place a stay of an injunction against several Indiana abortion provisions put in place over the summer. But at least one member of the appellate court seemed hesitant to render a decision given a high-profile abortion case pending at the U.S. Supreme Court.
7th Circuit won’t revive Illinois churches’ COVID suit
The 7th Circuit Court of Appeals has refused to revive a lawsuit filed by two churches requesting an injunction forbidding Illinois’ governor from reinstating capacity limits on religious services in the future like he did at the beginning of the COVID-19 pandemic.
Lawsuit challenging constitutionality of Indiana’s age limit on absentee voting proceeding in IN Southern District
Of the three lawsuits filed in 2020 challenging Indiana’s voting laws, one remains on the Southern Indiana District Court’s docket, with plaintiffs now seeking summary judgment to enable any eligible Hoosier, regardless of age, to cast an absentee ballot.
7th Circuit upholds denial of motion to suppress gun evidence
The denial of a man’s motion to suppress evidence of a gun that resulted in his firearm conviction will stand, the 7th Circuit Court of Appeals ruled Thursday.
7th Circuit upholds denial of disability benefits
An Indiana woman will not receive Social Security disability benefits after the 7th Circuit Court of Appeals affirmed her ailments don’t limit her from, at a minimum, sedentary work.
Clogged pipelines: Study finds women attorneys still outnumbered in federal appeals
A recent study found men arguing before the 7th Circuit Court of Appeals outnumbered women nearly three to one, which has remained largely unchanged in a decade. While slightly more women argued before the court in 2019 compared to 2009, that change was primarily attributable to the public sector. Women were also found to be more likely to represent and work for the government instead of private entities.
Indiana Court decisions – Dec. 16-Dec. 29, 2021
Indiana Court decisions – Dec. 16-Dec. 29, 2021
7th Circuit orders district court to resentence fleeing defendant
A Northern Indiana District Court judge who sentenced a defendant to the maximum will have to go back for a do-over after the 7th Circuit Court of Appeals vacated the prison term because of procedural errors that could not be deemed harmless.
7th Circuit: Indiana man waived right to challenge arrest history at sentencing
An Indiana man convicted of possession with intent to distribute methamphetamine will not have his prison time reduced after the 7th Circuit Court of Appeals opined he waived his right to challenge the consideration of his arrest history at sentencing.