Articles

7th Circuit affirms judgment in mining case

In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,”
the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.

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7th Circuit grants writ of habeas corpus

The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.

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Exploring e-discovery in federal courts

The first year of a federal e-discovery program is now complete in the 7th Circuit, and despite its success one clear message
sets the stage for how the pilot project moves forward: More Indiana judges and attorneys need to step up and get involved.

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Judicial appointments a hot topic at 7th Circuit conference

This year’s 7th Circuit Bar Association and Judicial Conference for the 7th Circuit featured a more historic tone because
of the high-profile roster of legal community leaders who attended, as well as offering tidbits about how the Indianapolis
federal courthouse will soon be going green, how the state’s Southern District is hoping for a new full-time magistrate,
and a call to action for Hoosier judges and attorneys to get more involved in a new e-discovery program under way.

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7th Circuit to rehear Second Amendment case

Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit
Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence
misdemeanor should be able to have a gun for hunting purposes.

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Judicial nominees on the road to confirmation

When he was being considered for a seat on the federal appellate bench, Judge John D. Tinder recalled getting a phone call
about an ongoing case just before he was set to appear before senators in Washington, D.C.

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En banc 7th Circuit says IPAS can sue

The 7th Circuit Court of Appeals has decided that independent state organization Indiana Protection and Advocacy Services
has the right to sue a state government agency about the practices and programs regarding mentally ill inmates.

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RICO case against former East Chicago mayor nets $108M in damages

A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade
ago, but in doing so he’s rejected the Indiana Attorney General’s most novel and far-reaching legal arguments in a landmark
civil racketeering case centered on public corruption in East Chicago.

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Judges uphold child pornography sentence

The 7th Circuit Court of Appeals found no procedural or substantive errors in a sentence following a man's guilty plea to a child pornography charge. In United States of America v. Brad Coopman, No. 09-2134, Brad Coopman challenged his sentence of 151 months in prison and 10 years of supervised release after he pleaded guilty to […]

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7th Circuit addresses post-trial factual stipulation

The 7th Circuit Court of Appeals addressed an issue of first impression today about whether a District Court may disregard a post-trial factual stipulation between the defendant and the government regarding the amount of drugs for sentencing purposes.

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Judges affirm rulings in Iraq name-selling case

The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried
to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.

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FMLA leave doesn’t accrue hours for benefits

The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.

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Judges find stop violated Fourth Amendment

The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing – which led to convictions of burglary and theft – violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.

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7th Circuit: Officer entitled to qualified immunity

Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.

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7th Circuit: amendment applies to all mortgages

A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.

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Full appeals court decides on IPAS case

Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.

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