Lawmakers amend bill to restrict sex offenders’ access to social media
In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.
7th Circuit Court of Appeals
Articles
7th Circuit strikes down sex-offender social media ban as unconstitutional
Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.
7th Circuit orders SSA take another look at woman’s case
Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.
Judge supports denying rehearing, but disagrees with colleagues’ rationale
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
Settlement without insurer’s consent is at builder’s expense
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
Judges ‘disturbed’ by linking of drugs to defendant’s nationality
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
Man argues the sentencing guidelines were applied incorrectly
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.
Price of postage is not enough for 7th Circuit to review NLRB’s ruling
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
Court orders new trial on damages owed to wrongfully convicted man
Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
7th Circuit rules in favor of hospital in EMTALA violation suit
The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
Judges uphold finding that past burglaries were not single criminal episode
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
7th Circuit reinstates suit to recoup environmental cleanup costs
Finding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
Federal Bar Update: Rule changes, 7th Circuit procedural decisions
As federal practitioners know, each Dec. 1 new federal rule amendments take effect. In most recent years there have been significant changes to Federal Rules of Civil Procedure each December.
Durham files to appeal federal conviction
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
7th Circuit affirms ruling for officers on excessive force claims
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
7th Circuit upholds $3M restitution order for copper theft
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
Successful Durham appeal unlikely, outside lawyers say
The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.
Statute of limitations did not run out on charging man with attempted bank robbery
A northern Indiana man’s conviction for attempted bank robbery stands after the 7th Circuit Court of Appeals found the five-year statute of limitations to bring the charge began tolling under an exception involving DNA testing.
Man loses appeal of suit against sheriff, jail medical staff
A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.
Former officer’s convictions of bribery, attempted extortion affirmed
The sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District Court precluded.