7th Circuit orders hearing on competency, assistance of counsel
A federal court erred in denying a hearing for a man who claimed he was mentally incompetent to plead guilty to a firearm charge and received ineffective assistance of counsel.
7th Circuit Court of Appeals
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7th Circuit affirms murder conviction but chastises Indiana
A man twice convicted of murder failed to convince the 7th Circuit Court of Appeals that he should be allowed to pursue habeas relief, despite delays that the court said Indiana “tries to trivialize.”
7th Circuit: District court did not have jurisdiction to rule in South Bend wiretapping case
In the most recent decision in litigation stemming from South Bend Police Department wiretapping allegations, the 7th Circuit Court of Appeals has vacated a district court’s determination that the unlawful recordings cannot be distributed to the city Common Council. The appeals court found that a prior settlement deprived the federal court of jurisdiction in the case.
7th Circuit affirms denial of sentencing relief
Though his appellate counsel presented an underdeveloped Appellate Rule 7(B) resentencing argument to the Indiana Court of Appeals, a North Vernon man isn’t entitled to relief because his sentence is not inappropriate, the 7th Circuit Court of Appeals ruled Monday.
Summary judgment for Lake County affirmed in age discrimination case
A group of retired Lake County employees who were fired from part-time, at-will work in order to preserve the county’s financial and health insurance situation cannot succeed on their age discrimination claim against the county because the employees’ age was not the predicate factor in their firing, the 7th Circuit Court of Appeals has ruled.
7th Circuit affirms dismissal of state-law claims against Carmel
The 7th Circuit Court of Appeals has affirmed the dismissal of a series of state-law complaints brought against the city of Carmel regarding the city’s traffic ordinance.
7th Circuit affirms denial of disability benefits
The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.
7th Circuit denies rehearing, allows case to proceed to evidentiary hearing
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
Court edits supervised release alcohol use restriction
Though the language of a district court order prohibiting a man’s “excessive” use of alcohol was “loose and indeterminate,” the 7th Circuit Court of Appeals affirmed the order Monday after adding modifying language to the order that eliminated the vagueness concerns.
7th Circuit clears Bartholomew jail officers in inmate death
The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to Bartholomew County Sheriff’s Department officials who interacted with a man who later died in the county jail, finding the man’s estate failed to prove the officials were deliberately indifferent to the man’s medical concerns.
Indiana appeals ruling blocking part of abortion law
Indiana Attorney General Curtis Hill said Friday he will appeal a federal judge’s ruling that blocks parts of a new state law that would make it tougher for girls under age 18 to get an abortion without their parents’ knowledge.
Nominees selected for U.S. attorney in Indiana
In its latest round of nominations for U.S. attorney candidates announced today, the White House has tapped the current interim U.S. Attorney for the Southern Indiana District and a litigator based in Chicago for the Northern District of Indiana.
No Hoosiers in recent round of judicial nominees
Of the 11 nominees tapped Thursday by the White House to fill vacancies on federal district courts, none were for the open seats in Indiana.
Fired lab worker loses discrimination appeal
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
7th Circuit sends contractual claims back to state court
A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.
7th Circuit vacates plea, reverses 15-year sentence for illegal possession of a firearm
An Indiana man’s 15-year sentence for possession of a firearm in violation of the Armed Career Criminal Act has been reversed after the 7th Circuit Court of Appeals determined one of the man’s prior convictions did not constitute a violent felony and, thus, did not qualify him for a sentence above the 10-year statutory maximum.
Judgment for police affirmed despite ‘insufficient’ abuse response
Though an Indiana sheriff’s department’s response to a woman’s multiple domestic violence claims against her boyfriend, who was a sheriff’s deputy, may have been “insufficient,” the woman failed to provide sufficient evidence to prove her claims against the department should go to trial, the 7th Circuit Court of Appeal ruled.
7th Circuit: Indiana burglary is predicate offense under Armed Career Criminal Act
An Indiana district court judge properly enhanced a man’s sentence following his convictions of being a felon in possession of a firearm and ammunition because the man’s two prior felony convictions of robbery in Indiana qualify as predicate offenses under the Armed Career Criminal Act, the 7th Circuit Court of Appeals ruled Thursday.
Monarch loses federal challenge seeking to wholesale liquor
Indianapolis-based Monarch Beverage Co.’s attempt to obtain a wholesale liquor permit rests with the Indiana Supreme Court after its federal challenge to Indiana law was rejected by the 7th Circuit Court of Appeals Friday.
Court affirms firearms conviction after warrantless search
Evidence that a felon possessed firearms was properly admitted in his criminal case even though authorities lacked a search warrant, the 7th Circuit Court of Appeals held Wednesday. Authorities relied on permission to search from the man’s live-in girlfriend who said he had sexually assaulted her daughter and placed her in fear for her safety.