7th Circuit wants rationale for sentence
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
7th Circuit Court of Appeals
Articles
Do-over expected to bring same result in contraception case
In a second round of oral arguments regarding the University of Notre Dame’s challenge to the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals not only remained dubious of the school’s assertions but also seemed perplexed as to why the case came back to the court.
Split 7th Circuit allows death penalty challenge asserting intellectual disability
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
7th Circuit affirms sentence, vacates release conditions
A Gary felon who tried to force a woman at gunpoint to have sex with him was not improperly sentenced to a federal term of 92 months in prison on top of his state court conviction for pointing a weapon, the 7th Circuit Court of Appeals ruled Monday.
Judging how Indy elects judges
The 7th Circuit Court of Appeals posed tough questions for the state’s defense of the pay-to-play, power-sharing system of judicial slating in Marion County.
7th Circuit grills state over Indy judge election system
As Indiana endured the harsh national glare from the Religious Freedom Restoration Act controversy this week, Indianapolis’ pay-to-play, power-sharing system for electing Marion Superior Court judges was on trial in Chicago.
7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
SCOTUS to 7th Circuit: Review Notre Dame birth control case
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
7th Circuit reinstates alleged racketeering lawsuit
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
COA ruling revives non-union subcontractor’s Antitrust Act claim
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
Lack of post-verdict motion dooms fired employee’s appeal
The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.
7th Circuit reverses denial of disability benefits
An administrative law judge’s denial of Social Security disability benefits for a man who the Veterans Administration determined was totally disabled cannot be sustained, the 7th Circuit Court of Appeals ruled Friday.
Absence of evidence douses tobacco charge
An Indiana inmate’s punishment for allegedly trafficking in tobacco was snuffed out when the 7th Circuit Court of Appeals found he was convicted without evidence of guilt.
7th Circuit grants habeas relief for man on death row
An Evansville man sentenced to death for the 2001 murders of his wife and two daughters is not entitled to habeas relief on his claim of intellectual disability, the 7th Circuit Court of Appeals ruled Tuesday. But his petition should be granted because the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial.
Enhancement affirmed after man exaggerated mental deficits to delay trial
Although a defendant has a mental disorder, he tried to exaggerate his mental deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.
Couple needed expert testimony to show proximate cause in defective air bag suit
A couple suing Ford Motor Company, alleging their 2003 Mercury Mountaineer was defective because the air bags did not deploy in an accident, lost their case because they failed to designate expert testimony to support their claim.
Man fails to prove Supreme Court would rule against established caselaw
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
7th Circuit affirms carjacking enhancement stemming from bank robbery
The 7th Circuit Court of Appeals quickly dismissed a defendant’s argument that his sentence for bank robbery should not include a two-level sentence enhancement for carjacking because the keys to the car were obtained by rummaging through the victim’s purse and not through force or intimidation.
7th Circuit stresses holding Pavey hearing separate from summary judgment hearing
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
7th Circuit rules man entitled to new hearing on crack-cocaine sentence
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.