Justices to hear certified questions in medical malpractice case
The case stems from claims Jeffrey Cutchin brought against Sylvia Watson after she ran a red light and struck his vehicle, killing his wife and daughter.
7th Circuit Court of Appeals
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7th Circuit finds search warrant of suspected drug dealer’s home valid
A northern Indiana man could not convince the 7th Circuit Court of Appeals that a search of his home that revealed drugs and firearms was baseless and that he endured prosecutorial misconduct during his trial.
Man convicted of child porn not entitled to relief over criminal procedure rule, restitution dispute
A debate over a federal criminal procedure rule and a restitution order did not sway a 7th Circuit Court of Appeals panel, which upheld a man’s conviction and sentence for child pornography.
Ponzi schemer Cochran escalates fight for early release on COVID grounds
Jim Cochran, the former Indianapolis businessman serving a 25-year prison term for his role in the massive Fair Finance Ponzi scheme, is asking a Chicago appeals court for early release on the grounds that his health problems could make contracting COVID-19 lethal and that he has undergone a religious conversion that no longer makes him a risk to society.
7th Circuit: Convicted heroin conspiracy leaders lose suppressed evidence argument
Two men at the top of a heroin drug conspiracy were unable to sway the 7th Circuit Court of Appeals in a Friday decision to reconsider granting their motion to suppress evidence.
Census Bureau: 70% of voters cast ballots early or by mail
More than two-thirds of all U.S. citizens of the voting age population participated in the 2020 presidential election, according to a new U.S. Census Bureau report, and 69% of those cast ballots by mail or early in-person voting — methods that Republicans in some states are curtailing.
Indiana Court decisions – April 8-21, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit: 47-year sentence affirmed for Indiana man in armed robbery crime spree
A Hoosier man caught after leading a string of armed robberies in the Midwest could not convince the 7th Circuit Court of Appeals that both his conviction and sentence should be overturned and vacated.
7th Circuit rules for egg supplier in spoiled contract case
Despite a buyer’s ruffled feathers, the 7th Circuit Court of Appeals has upheld judgment for an egg supplier in a contractual dispute. Further, the appellate panel remanded for the calculation of interest and fees resulting from the cracked relationship.
SCOTUS wants Indiana to respond to absentee voting suit
U.S. Supreme Court justices want Indiana to justify its absentee voting restrictions and have formally requested the Indiana Attorney General’s Office to respond to a constitutional challenge after the state previously waived its right to reply.
7th Circuit proposes local fee order rule changes
The 7th Circuit Court of Appeals has proposed revisions to its local fee rule that would strike the explicit current local attorney admission fee of $15 and replace it with language referring to the court’s attorney admission local fee order. That order currently sets the fee at $15, as well.
7th Circuit upholds denial of disability benefits despite ‘several medical problems’
An administrative law judge did not err in finding that a woman was not entitled to disability benefits despite having “several medical problems,” the 7th Circuit Court of Appeals held Wednesday.
Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
Man convicted of killing IU student Behrman denied SCOTUS review
The man convicted in the murder of Indiana University student Jill Behrman more than 20 years ago will remain in prison after the United States Supreme Court denied cert in his habeas case. The justices denied John Myers’ petition for writ of certiorari Monday.
Open federal judiciary seats bring calls to focus on the process
As he marked the two-month anniversary of his presidency, Joe Biden had not nominated anyone to either the federal bench or a U.S. Attorney’s Office, which distinguished him from his two most recent predecessors. One retired member of Indiana’s judiciary, however, is calling attention to the worrisome problem that beyond open positions, the state has no clearly defined process for identifying qualified Hoosiers to fill the vacancies.
Indiana asks SCOTUS to review mature-minors abortion law a second time
A case challenging an Indiana abortion law that requires “mature minors” to notify their parents before getting an abortion is back before the United States Supreme Court, with the state of Indiana asking the justices to take the case to provide clarity on a legal issue that it says caused the 7th Circuit to “(throw) up its hands in frustration.”
Biden announces diverse first slate of judicial nominees, including 7th Circuit nomination
President Joe Biden on Tuesday announced his intent to nominate a “trailblazing slate” of judicial nominees, a field that includes Black, Muslim American and Asian American Pacific Islander candidates for federal courts and for the Superior Court of the District of Columbia.
Drug sentence remanded to reconsider term of supervised release
The 7th Circuit Court of Appeals has remanded an erroneous sentence for a drug conviction for the limited purpose of reconsidering the defendant’s term of supervised release.
Drug, firearm convictions based on ‘middlemen’ testimony affirmed
Despite the unusual use of a middleman in a law enforcement controlled drug buy, the 7th Circuit Court of Appeals found sufficient evidence to uphold a Fort Wayne man’s convictions on multiple drug and firearms charges.
7th Circuit orders hearing on counsel’s performance in habeas case
A man who received an enhanced federal sentence for robbery convictions has been granted a hearing on his ineffective assistance of counsel claim. The 7th Circuit Court of Appeals ruled Wednesday that under the facts of this case, defense counsel may have been required to anticipate future developments in caselaw.