7th Circuit: cousins conspired to sell heroin; another gets new trial
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
7th Circuit Court of Appeals
Articles
Judge’s sentencing process does not violate due process
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
State appealing ruling in Syrian refugee lawsuit
The state of Indiana officially filed notice Tuesday that it intends to appeal the ruling by a federal judge last month that blocked Gov. Mike Pence’s order barring state agencies from helping Syrian refugees resettle in Indiana.
Female judges recognized for women’s history month
The United States Court System is celebrating Women’s History Month with a series of videos on women in the federal courts throughout March, including 7th Circuit Court Judge Ann Claire Williams.
Man can’t appeal piracy conviction
A man who pleaded guilty to piracy for his role in boarding a ship off the coast of Somalia in 2009 was denied a writ of habeas corpus because he waived that right when he pleaded to his crime.
7th Circuit rejects group’s I-69 challenges
The 7th Circuit Court of Appeals affirmed a federal judge’s ruling granting a motion to dismiss some charges and grant summary judgment on others to the United States Department of Transportation after a group opposing I-69 construction in southern Indiana, Citizens for Appropriate Rural Roads, filed a lawsuit.
Court denies summary judgment in excessive force case
The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.
7th Circuit: Developer’s appeal is frivolous
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
14th Amendment rights not violated by voice test
The 7th Circuit Court of Appeals found a man’s 14th Amendment rights were not violated when he was asked to take a voice stress test as part of an administrative investigation into possible wrongdoing as a police officer.
7th Circuit upholds convictions, orders resentencing
The 7th Circuit Court of Appeals on Tuesday upheld a man’s convictions for armed bank robbery, brandishing a firearm during a crime of violence and possession of a firearm after a felony conviction but vacated his sentence due to the district court’s erroneous application of two different sentencing enhancements.
7th Circuit remands disability case over ALJ’s findings
The United States 7th Circuit Court of Appeals remanded a case to the Social Security Administration after finding the administrative law judge’s credibility analysis was flawed.
7th Circuit dismisses appeal due to waiver
The 7th Circuit Court of Appeals dismissed a man’s appeal of his 21-month sentence and three years of supervised release because he waived his right to appeal in district court. Circuit Judge David Hamilton said the court didn’t see any reason to overlook the waiver.
7th Circuit reverses, remands motion to suppress evidence
The 7th Circuit Court of Appeals reversed the denial of a motion to suppress evidence after police found heroin in a man’s car and remanded the case to district court because the police had no probable cause to pull over the car in the first place.
Majority finds no violation of deceased inmate’s 8th Amendment rights
The 7th Circuit Court of Appeals affirmed summary judgment for a correctional medical services provider in a lawsuit alleging the company violated an inmate’s Eighth Amendment rights against cruel and unusual punishment.
Court affirms murder, accessory convictions
The 7th Court of Appeals affirmed charges of first-degree murder and accessory after the fact to the murder against two federal prison inmates after each appealed the sufficiency of the evidence underlying their convictions.
No demand futility in Biglari transactions
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
7th Circuit disagrees with ALJ that woman is able to work
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
Hoosier’s quest to reach public road ends at 7th Circuit
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
7th Circuit: Plea agreement forecloses sentence appeal
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
Plaintiff failed to prove injury caused by crane lessor
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.