Indiana Court Decisions — March 29-April 11, 2018
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit nominees set for committee vote
The nominations of Michael Scudder, Jr., and Judge Amy St. Eve, the Illinois nominees for the 7th Circuit Court of Appeals, are scheduled for a vote by the U.S. Senate Committee on the Judiciary on Thursday. If approved by the committee, the pair will go on to the full Senate for a confirmation vote.
7th Circuit upholds judgment for bank in insurance funds dispute
The 7th Circuit Court of Appeals has upheld judgment in favor of U.S. Bank in a complaint under the Real Estate Settlement Procedures Act after finding the plaintiff failed to show how the bank’s allegedly inadequate response to a letter inquiring about insurance funds contributed to her legal injuries.
Fogle seeks $57 million in damages in D.C. filing
Former Subway pitchman Jared Fogle is continuing his legal fight against his 2015 child pornography convictions, this time filing a complaint in a Washington, D.C., district court alleging judicial fraud and seeking $57 million in damages. The filing is the latest in a series of pro se jailhouse filings by Fogle that sometimes have incorporated sovereign citizen-styled pleadings.
Conour files third appeal of 10-year wire-fraud sentence
Former Indianapolis attorney William Conour is appealing a second resentencing for his wire fraud conviction after a district court judgment imposed a 10-year federal prison sentence for the third time late last month.
7th Circuit remands drug conviction for deficient counsel hearing
The U.S. District Court for the Southern District of Indiana must hold a hearing on a convicted drug offender’s motion for collateral relief after the 7th Circuit Court of Appeals determined the offender presented evidence to justify a hearing on deficient counsel performance.
Indiana Court Decisions — March 15-28, 2018
7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]
7th Circuit seeking comment on proposed rule changes
Proposed amendments to a 7th Circuit Court of Appeals rule would place additional requirements on district courts to ensure case dockets are complete and available upon request of the circuit court.
7th Circuit proposes document filing rule changes
Streamlining the process of filing documents with the U.S. Court of Appeals for the Seventh Circuit is the goal of a set of proposed changes to the court’s rules. Comments on the new rules are being accepted untl April 25.
7th Circuit affirms judgment for Walgreens in slip-and-fall case
The 7th Circuit Court of Appeals has affirmed summary judgment for a national drugstore chain after finding that an woman who fell in a Walgreens store in Hebron failed to prove the store had knowledge of a hazard on its premises.
Defiant Conour sentenced to 10 years for third time
Disgraced former Indianapolis attorney William Conour has been resentenced to 10 years in federal prison after pleading guilty to wire fraud — the same conviction that was originally imposed on him five years ago. The judge appeared puzzled, though, by Conour's assertion that the millions of dollars in losses for which he was ordered to make restitution to his ex-clients was inaccurate.
Despite ‘role of Grinch,’ 7th Circuit won’t stop Christmas show
An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading role in a revival, won the reluctant blessing of the 7th Circuit Court of Appeals.
7th Circuit upholds summary judgment for debt collector
A debt collection agency that reported an Indiana woman’s disputed debt to two national credit reporting agencies did not violate federal law relating to debt collection and credit reporting actions, the 7th Circuit Court of Appeals has affirmed.
Little confrontation at 7th Circuit nominees’ hearing
Amy St. Eve and Michael Scudder, the two nominees for the 7th Circuit Court of Appeals, breezed through their confirmation hearing Wednesday, facing few pointed questions and not being called to defend any of their past actions.
Nominees for 7th Circuit’s Illinois seats to testify Wednesday
The latest nominees to the 7th Circuit Court of Appeals — a native Hoosier who worked on intelligence and terrorism matters in the George W. Bush administration and a judge who presided over a trial with Donald Trump as the defendant — are scheduled to appear Wednesday before the U.S. Senate Committee on the Judiciary.
Indiana Court Decisions — March 1-14, 2018
7th Circuit Court of Appeals March 2 Civil Plenary — Noncitizen Transgender Name Change John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al. 17-1756 A Mexican native with asylum in the United States cannot continue with his suit against various Indiana […]
Workload keeps increasing in Southern Indiana District Court
While overall federal district courts recorded a decline in combined filings for civil cases and criminal defendants in 2017, the Southern Indiana District bucked the trend and posted a 30 percent increase.
7th Circuit upholds child porn convictions
A man convicted on multiple child pornography charges has lost his appeal before the 7th Circuit Court of Appeals after the appellate panel found no error warranting reversal of his convictions.
7th Circuit upholds resentencing in mortgage fraud scheme
A northern Indiana couple convicted in a mortgage fraud scheme has lost its second appeal of the spouses’ sentences, with the 7th Circuit Court of Appeals ruling in its second opinion in the case that the district court did not err in calculating loss or imposing time served.
7th Circuit grants summary judgment to IMPD officer who fatally shot agitated man
The Indiana Southern District Court must enter judgment in favor of an Indianapolis police officer who fatally shot a man while on duty after the 7th Circuit Court of Appeals determined the officer acted reasonably and is entitled to qualified immunity.