Elkhart officers indicted for beating handcuffed suspect
Two Elkhart police officers who are alleged to have repeatedly punched a handcuffed man were indicted Thursday by a federal grand jury in Hammond for using excessive force against an arrestee.
7th Circuit Court of Appeals
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7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
Indiana abortion petition making eighth SCOTUS appearance, might be inspiring ‘screed’
Indiana’s petition for a review of its abortion law has been relisted for an eighth conference at the U.S. Supreme Court, raising suspicions that the case will not be accepted but could bring a fiery dissent.
Web Exclusive: Litigation continues over PACER fees
A group of retired federal judges has learned life after the bench comes with PACER fees, and they are lending their voice to those questioning fees for public access to online federal court records.
Teenager hit by train gets no relief in appeal to 7th Circuit
A 17-year-old who was found to be more than 50 percent at fault for the injuries he sustained from running in front of a moving train was unable to convince the 7th Circuit Court of Appeals that he had no warning the locomotive was coming down the tracks.
Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban
An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.
Statehouse considering two abortion bills while court challenges loom
With petitions still pending at the U.S. Supreme Court over Indiana’s 2016 abortion law, two new anti-abortion bills are moving through the Statehouse and at least one, if it becomes law, could drag the state back into court for a new battle.
Waived appellate rights enforceable despite unusual waiver language, 7th Circuit rules
A man who explicitly waived his right to appeal his decade-long sentence was denied his appeal of that sentence Monday when the 7th Circuit Court of Appeals determined the waiver of his appellate rights was valid despite the “unusual” language of his plea agreement.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Ruling in smart meter case highlights privacy concerns
A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.
Split 7th Circuit slams Indiana attorneys in grant of habeas petition
The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.
7th Circuit remands Indiana civil forfeiture case
In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.
Indiana’s abortion cert petition relisted for 5th time
The petition asking the U.S. Supreme Court to uphold a law restricting abortions in Indiana has been distributed for a fifth conference with the justices. Now the petition has been scheduled for consideration Feb. 22.
Indiana Court Decisions — Jan. 31-Feb. 13, 2019
Read Indiana appellate decisions from the most recent reporting period.
DOC cannot make Muslim inmate pay for religious diet, divided 7th Circuit says
The Indiana Department of Correction must provide a Muslim inmate housed at the Indiana State Prison with a meat-based diet in accordance with his religious beliefs, a divided panel of the 7th Circuit Court of Appeals ruled Friday in a decision upholding a lower court.
7th Circuit affirms man’s phone store robbery conviction
The 7th Circuit Court of Appeals affirmed a man’s conviction and sentence Thursday for conspiracy to commit robbery, finding the denial of his motion to change venue and suppress evidence was not erroneous.
7th Circuit: Damages proper in contract dispute between welding company, supplier
The 7th Circuit Court of Appeals has affirmed an award of damages to a welding company after finding language in an agreement with a welding supplies distributor did not entitle the latter to deferred payment.
7th Circuit reverses decertification of used car dealer class
The 7th Circuit Court of Appeals vacated a district court’s decision decertifying a class in a used auto dealership’s case when it found the stark change of mind lacked sufficient reasoning.
7th Circuit remands disability case on ALJ’s improper assessment
A decision denying a man’s application for disability and supplemental security income was remanded after the 7th Circuit Court of Appeals found an administrative law judge erroneously discredited him and improperly assessed his functional abilities.
7th Circuit remands disability case over ALJ’s errant hypotheticals
A rejection of a man’s application for disability and supplemental security income was remanded after the 7th Circuit Court of Appeals found an administrative law judge’s hypothetical question ignored one of the man’s most significant deficits.