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 Court of Appeals
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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.
7th Circuit upholds new conviction, cannot address registration requirement
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
7th Circuit affirms dismissal of workplace discrimination suit
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
Partial-termination dispute gets full treatment from court
After nearly 19 years and five appearances before the 7th Circuit Court of Appeals, a dispute over retirement benefits has ended where it began and elicited an admission of mistaken interpretation from the court.
7th Circuit affirms Michigan law applies to Visteon pollution claims
A federal court in Indianapolis properly dismissed a lawsuit Visteon Corp. filed against its insurer seeking to recover damages resulting from toxic pollution at its former Connersville plant that also contaminated neighboring properties.
Full 7th Circuit declines to rehear right-to-work appeal
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
7th Circuit upholds use of GPS unit on car in 2011
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
ALJ’s numerous errors require denial of benefits reversed
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
First impression: Suspect’s recorded talk in police car admissible
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
7th Circuit dismisses case because dispute arose after lawsuit was filed
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.
Family did not follow statutory remedies before suing bank
A federal court properly dismissed a family’s lawsuit against an Indiana bank and employee alleging they breached a fiduciary duty to a veteran in managing his benefits, the 7th Circuit Court of Appeals held Monday. The family is required to seek review of the fiduciary appointment as outlined under statute.
7th Circuit upholds bank robbery conviction despite errors
Although a federal court in Indianapolis committed some errors in admitting certain evidence at a man’s bank robbery trial, those errors were harmless based on DNA evidence and the defendant matching the robber’s description, the 7th Circuit Court of Appeals held Friday.