7th Circuit affirms denial of habeus corpus petition
A prisoner petitioning for habeus corpus relief for the past decade was again denied when the 7th Circuit Court of Appeals found he was properly sentenced under the Armed Career Criminal Act.
7th Circuit Court of Appeals
Articles
7th Circuit reinstates hairdresser’s disability benefits case
A woman denied Social Security disability benefits was granted a second chance after a panel of the 7th Circuit Court of Appeals found her administrative law judge lacked substantial evidence to prove she wasn’t disabled.
Prosecutors concede 3 Buncich convictions should be vacated
Federal prosecutors concede there wasn’t enough evidence to convict former Lake County Sheriff John Buncich on three of the five wire fraud counts he was found guilty of and he should be resentenced. Prosecutors say they failed to introduce sufficient evidence of “Federal reserve payroll fund” transfers alleged in three counts of the indictment against Buncich and “the Court should vacate Buncich’s convictions on those counts.”
Year in Review: Hill sexual misconduct scandal top legal news story of 2018
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.
Indiana Court Decisions — Dec. 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Lawyer doesn’t help his own cause in federal court discipline matter
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.
Questions in med-mal case bring 7th Circuit reversal
A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.
Female Gary principal loses sex discrimination appeal
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to northern Indiana school corporation when it found a female principal was not discriminated against based on her sex when a male candidate got the job she applied for.
Martinsville Texas Corral liability insurance doesn’t cover complaint from DirecTV
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to an insurance company against two Martinsville Texas Corral restaurants when it found the companies insurance endorsement agreement did not cover a complaint filed by DirecTV.
Multiple Indiana voting laws on trial in federal court
Indiana, like many states, has been amending and enacting new voting laws in the name of stamping out voter fraud. Lawyers and civic organizations are challenging laws and regulations that they believe are restricting the right to vote.
Cellphone search warrant didn’t violate Fourth Amendment
The 7th Circuit Court of Appeals affirmed that a warrant authorizing police to search a man’s phone after a drug-deal gone wrong was not in violation of the Fourth Amendment, finding the warrant to be as specific as circumstances allowed.
7th Circuit: Two years too late for manufacturer’s damages claim
The 7th Circuit Court of Appeals affirmed dismissal of a manufacturer’s damages suit against a barge company when it found the claims were brought after the parties’ four-month limitations provision.
ACLU urges high court to let Indiana abortion rulings stand
The American Civil Liberties Union of Indiana and Planned Parenthood are urging the U.S. Supreme Court to let stand two decisions that stopped portions of an Indiana abortion law signed when Vice President Mike Pence was governor.
Heroin dealer loses 7th Circuit life sentence appeal after 8th Circuit ruling
A man sentenced to life in prison after selling heroin that led to his customer’s death has lost his appeal of his sentence before the 7th Circuit Court of Appeals, which held that it could not provide relief to the man because of a prior 8th Circuit Court of Appeals ruling.
7th Circuit upholds child porn prison sentence
A Bedford man sentenced to more than 11 years in prison after pleading guilty to possession of child porn has failed to convince the 7th Circuit Court of Appeals to order a resentencing, with the court finding that the terms of the man’s plea agreement were not breached.
High court rejects request to reinstate murderer Baer’s death sentence
The U.S. Supreme Court has rejected a request by Indiana’s attorney general’s office to reinstate the death sentence of a man convicted of killing a central Indiana woman and her 4-year-old daughter. Monday’s decision leaves in place a federal appeals court ruling that threw out Frederick Baer’s death sentence because he had ineffective legal counsel. He’ll now be resentenced by an Indiana court.
7th Circuit revives Indiana wine retailer’s challenge to Illinois liquor laws
Finding the arguments needed to be allowed to ferment a little while longer, the 7th Circuit Court of Appeals has returned a dispute involving an Indiana wine retailer and Illinois’ liquor laws back to the district court for further proceedings. The case, Lebamoff Enterprises, Inc., et al. v. Bruce V. Rauner, et al. and Wine & Spirits Distributors of Illinois, 17-2495, raises the oft-asked question of how far states can go under the 21st Amendment in regulating alcohol within their borders.
7th Circuit: Fantasy sports right to publicity battle over
A civil suit brought by three former college football players against online fantasy-sports companies FanDuel and DraftKings has officially ended, the 7th Circuit Court of Appeals ruled Thursday.
Indiana Court decisions – Nov. 8-19, 2018
Read Indiana appellate court decisions from the most recent reporting period.
In labor arbitration class action, 7th Circuit asks, ‘What happens next?’
A wage and hour lawsuit that would have followed precedent became a case of first impression in the 7th Circuit Court of Appeals with a ruling that held that while employers can prohibit class action arbitration, the district court, not the arbitrator, answers the questions about what can be arbitrated.