7th Circuit expands inquiry to implicit motion for new attorney
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
7th Circuit Court of Appeals
Articles
Wrongfully convicted man can pursue IIED claim
A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim
against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.
7th Circuit ends use of inextricable intertwinement doctrine
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to
inextricable intertwinement is unavailable when determining a theory of admissibility.
Court upholds discrimination claims in coroner’s office
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.
Majority overturns enticement of minor conviction based on error
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction”
in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
No summary judgment for health-care facility with racial-preference policy
The District Court erred in granting summary judgment to a long-term health-care facility which prevented black workers from
assisting certain residents based on the residents’ requests, the 7th Circuit Court of Appeals ruled today.
‘Posnerian’ wisdom featured in professor’s new book
It’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the
research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s
first draft or outline into a final draft.
7th Circuit reverses dismissal of NCAA illegal ticket-lottery suit
The 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association
operates an illegal lottery to sell tickets to certain sporting events to go forward.
7th Circuit upholds gun ban for domestic violence offender
A Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor
is not allowed
to have those firearms, even though he argued they were used for hunting.
Indiana joins fight for National Day of Prayer
Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.
7th Circuit: Insurer can challenge its duty to defend
The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory
judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
7th Circuit rules on attorney withdraw brief practicalities
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.
SCOTUS declines New Albany ordinance case
The Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult
book and movie store.
7th Circuit upholds denial of alien’s motion to dismiss
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
Circuit judge relocating chambers to Maurer School of Law
In a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court
of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana
University Maurer School of Law – Bloomington.
SCOTUS reverses 7th Circuit on sex offender registration
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
7th Circuit won’t stay ruling, despite likely SCOTUS appeal
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about
mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court
of the United States.
Judges rule on pre-existing condition case
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court
of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim
for long-term disability benefits.
7th Circuit rehears Second Amendment case
7th Circuit Court of Appeals judges in Chicago didn’t take the issue of Second Amendment rights lightly when they heard
oral arguments en banc Thursday for United States of America v. Steven M. Skoien, No.
08-3770.
7th Circuit addresses contempt proceedings, judicial safety
A federal appeals judge from Indianapolis penned a 7th Circuit Court of Appeals decision today that touches on free speech,
judicial safety, and contempt proceedings that stem from a case against a well-known radio personality and infomercial salesman
who promotes natural cures and alternative medicine.