Judge’s failure to address killers’ upbringings requires resentencing
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
7th Circuit Court of Appeals
Articles
Incomplete continuity slip gets conviction vacated
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
7th Circuit reversal: Kansas FedEx drivers employees, not contractors
Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.
Court rules litigants are responsible for lawyers ‘asleep on the job’
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
Ex-cop snared in drug, conspiracy sting loses appeal
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
In 3-2 decision, justices reinstate molestation conviction
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
7th Circuit affirms ruling for Emmis in unpaid-dividend suit
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
7th Circuit rejects second challenge at ACA contraception mandate
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
Notebook found in car falls under Fourth Amendment exception
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
7th Circuit slams lawyer, sets new law on fees
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
Unambiguous contract means lower commission for employee
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
Display celebrates Tinder’s career
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
Man deported after living in US since age 1 gets relief
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
7th Circuit rules against Anderson mayor in suit following firings
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
7th Circuit rejects claim conviction is outside statute of limitations
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
COA strikes portion of Indy no-smoking ordinance
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
7th Circuit rejects woman’s suit that credit agency violated FCRA
Finding several things “wrong” with a woman’s lawsuit against a credit reporting agency, the 7th Circuit Court of Appeals affirmed summary judgment in favor of the company on her lawsuit alleging violations of the Fair Credit Reporting Act.
Inmate not disadvantaged by appearing at trial by video
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
7th Circuit revives Anderson transit worker’s ADA claim
A mechanic’s helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.
7th Circuit: No evidence officer was victim of racial discrimination
The 7th Circuit Court of Appeals affirmed the grant of defendants’ motion for summary judgment on a St. Joseph County Police sergeant’s lawsuit claiming discrimination because he is African-American. The judges held the man was unable to prove discrimination after he was passed over for promotions or began working in the department’s property room.