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.
7th Circuit Court of Appeals
Articles
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.
7th Circuit upholds fine that exceeded amount in plea agreement
Despite being assessed a fine that was $200 more than agreed to a plea agreement, a man convicted on multiple robbery-related felonies failed to convince the 7th Circuit Court of Appeals that his increased fine constituted reversible error.
Indiana Court Decisions – Feb. 25-March 10, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Election bills tweaking Indiana voting laws
Compared to the battles surrounding voting bills in states such as Iowa and Georgia, the six bills that are moving through the Indiana General Assembly appear to be making rather mild tweaks to Hoosier election laws rather than attempting a controversial overhaul.
Maley: Recurring removal issues show numerous pitfalls
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.
Indiana abortion law injunction upheld after remand from SCOTUS
A sharply divided 7th Circuit Court of Appeals has upheld for the second time an injunction blocking a 2017 Indiana law requiring parental notification of a minor seeking an abortion. The ruling sets up an almost certain second appeal to the United States Supreme Court, which had already sent this case back for review.
7th Circuit vacates judgment for debt collector lack of jurisdiction
A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act.
ALJ’s denial of disability benefits over potential side effects upheld
The 7th Circuit Court of Appeals has affirmed an administrative law judge’s decision that a northern Indiana woman is not disabled, finding that any conclusions about her medication’s side effects would be pure speculation.
7th Circuit upholds Elkhart man’s attempted murder conviction
A man who nearly 15 years ago shot two friends — one fatally — could not persuade the 7th Circuit Court of Appeals to reverse his attempted murder conviction and 45-year sentence in a retrial. The man was found not guilty of murder at his first trial and the first jury deadlocked on the attempted murder charge.
Woman’s 30-year federal sex trafficking sentence upheld on appeal
A northwestern Indiana woman who operated three massage spas and was convicted of sex trafficking in a case a federal court called “a modern form of slavery” lost an appeal of her conviction and 30-year sentence Thursday.
Fired atheist teacher loses appeal alleging school broke confidentiality
A middle-school German teacher who settled a lawsuit claiming he was fired because he was an atheist failed to prove Middlebury Community Schools violated confidentiality terms of the settlement, the 7th Circuit Court of Appeals ruled Thursday.
7th Circuit: Higher tolls on Indiana Toll Road not discriminatory
Truckers were unable to swerve around the higher fees charged on the Indiana Toll Road after the 7th Circuit Court of Appeals blocked their argument that the increased rates violated the Commerce Clause. The appellate court upheld dismissal of the lawsuit.
Insurer must pay malpractice settlement, 7th Circuit affirms
Judgment against an insurer in the most recent decision involving a nearly 20-year-old medical malpractice case was affirmed Tuesday by the 7th Circuit Court of Appeals.
7th Circuit affirms sentence in South Bend firearm conviction
A sentence for a man convicted of possessing firearms as a felon was affirmed by the 7th Circuit Court of Appeals despite his acquittal of possessing drugs with intent to distribute. The appeals panel found adequate evidence to support the conviction and sentence.
Biden administration won’t defend Trump immigration rule
A Trump-era immigration rule denying green cards to immigrants who use public benefits such as food stamps was dealt likely fatal blows Tuesday after the Biden administration dropped legal challenges, including before the Supreme Court.
SCOTUS rejects Indy lawyer’s Trump election lawsuit
An Indianapolis law firm’s suit seeking to overturn the results of the Wisconsin election on behalf of former President Donald Trump was rejected Monday by the United States Supreme Court, putting an end to the challenge.
Divided 7th Circuit upholds judgment against mom of injured child
A mother whose son was injured in a “traumatic” birth experience cannot proceed with her tort claims against the federal government because her claims were untimely, a divided panel of the 7th Circuit court of Appeals has ruled. A dissenting judge, however, warned of setting an “extraordinarily harsh” standard.
7th Circuit: State courts, not federal, should rule on counsel for kids in CHINS cases
The question of whether children in CHINS proceedings should be appointed counsel is best left for state court resolution, the 7th Circuit Court of Appeals has ruled, finding no “civil Gideon” principle requiring counsel in child welfare cases.