7th Circuit: Third time’s charm in gun sentencing
It took three appeals, but a man’s sentence for illegal firearm possession finally satisfied the 7th Circuit Court of Appeals.
7th Circuit Court of Appeals
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7th Circuit cuts attorney fees in Indy skyline photo case
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
7th Circuit: Man did not need Miranda warnings
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
7th Circuit affirms government employees must resign after elected to office
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
7th Circuit upholds Fogle’s above-guidelines sentence
The 7th Circuit Court of Appeals affirmed former Subway pitchman Jared Fogle’s 188-month sentence Thursday afternoon for distributing and receiving, as well as conspiring to distribute and receive child pornography. Fogle challenged his sentence after the District Court imposed one above the sentencing guidelines.
Mentally ill women should have attorney, 7th Circuit rules
The 7th Circuit Court of Appeals ruled a mentally ill woman who filed a federal lawsuit challenging her conviction and sentence for murder should have had a lawyer appointed to her and remanded the case to District Court.
7th Circuit: Drivers not entitled to ‘special services’ profit
Truck drivers are not entitled to profits from any “special services” a company they drive for provides, the 7th Circuit Court of Appeals affirmed Wednesday, because the language supporting such a claim isn’t in the contract.
7th Circuit: Probationary phone records are admissible evidence
The 7th Circuit Court of Appeals has ruled evidence of a deceased man’s phone numbers provided to his probation officer is not inadmissible hearsay and those records should be included in another man’s criminal case.
7th Circuit grants en banc hearing in Indiana prison death suit
The 7th Circuit Court of Appeals set aside its ruling affirming summary judgment in favor of a medical services provider in an Indiana prison death lawsuit, ordering a review by the full panel of circuit judges.
7th Circuit upholds lifetime supervised release
The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.
Ex-Subway pitchman Fogle asks appeals court to cut sentence
The judge who sentenced former Subway pitchman Jared Fogle to more than 15 years in prison mistakenly believed he was involved in producing child pornography, and his sentence should therefore be reduced, Fogle's attorney said during a hearing Friday.
US backs Syrian refugees against Pence at 7th Circuit
The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.
7th Circuit: Man not eligible for sentence reduction
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
Insurer who paid wrong party doesn’t have to pay correct one
The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.
Donnelly, Coats pleased nomination hearing set for Ong
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee’s decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.
7th Circuit: Officer not entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.
Court orders more proceedings on waiver moves
The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.
Company must sign collective bargaining agreement
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
Split 7th Circuit affirms child abuse, firearms convictions
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
7th Circuit: Company responsible for debts
The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.