Indiana’s alcohol laws withstand court challenges
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
7th Circuit Court of Appeals
Articles
7th Circuit rejects Conour’s bid to remove judge
Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.
7th Circuit orders new resentencing hearing
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
7th Circuit divided over injunction in defamation case
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
Monarch Beverage again fails in liquor distribution suit
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
Indiana’s cold beer prohibition survives rational-basis review
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
Ex-Subway pitchman Jared Fogle appealing child porn sentence
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
7th Circuit upholds Indiana’s cold beer law
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
Conour appeals to 7th Circuit to defend self, remove judge
Ex-attorney William Conour claims in a jailhouse motion he filed Thursday that the judge who sentenced him to 10 years in prison for wire fraud appears to be biased in favor of prosecutors and must be removed for preventing him from representing himself.
7th Circuit affirms city blocking strip club plans
Plans to open a strip club called “Showgirl” in Angola have been blocked for more than three years, but the 7th Circuit Court of Appeals found the city and courts were within their rights to do so.
7th Circuit reverses benefits denial; judge chastises process
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
7th Circuit stops Cook County sheriff’s campaign against adult ads
The 7th Circuit Court of Appeals was not convinced by the sheriff’s arguments and instead saw his actions as “government coercion” and leading to a slippery slope.
Companies’ agreement not a requirements contract, 7th Circuit holds
The 7th Circuit Court of Appeals vacated judgment in favor of a company that sued its carbon black supplier after it was unable to fulfill orders, holding the lower court erred in ruling in favor of the purchaser after finding the agreement between the companies was a requirements contract.
Court affirms enhanced sentence for incest offense
Finding the District Court conducted the correct analysis when determining the sentence of a man who had failed to register as a sex offender in Indiana and then committed incest with his 18-year-old daughter, the 7th Circuit Court of Appeals affirmed the six-level sentencing enhancement.
Evansville asks US Supreme Court to review SWAT raid ruling
The city of Evansville has asked the Supreme Court of the United States to review a federal appeals court's ruling in a lawsuit filed over a SWAT raid.
7th Circuit affirms man’s sentence for molesting baby
The 7th Circuit Court of Appeals affirmed a man’s sentence, supervised release conditions and restitution order after he pleaded guilty to raping, molesting and creating pornographic videos of an infant with the mother’s permission.
Federal prisoner not entitled to additional sentence credit
The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.
7th Circuit rejects en banc rehearing in student loan case
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
Company’s recordings not considered ‘publication’
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
7th Circuit mourns death of Judge Cudahy
Judge Richard Cudahy, an active senior judge on the 7th Circuit Court of Appeals, died Tuesday at his Illinois home.