Federal judiciary receives budget boost
The $1.1 trillion spending bill passed by the U.S. Congress as a government shutdown loomed included some relief for the federal judiciary.
7th Circuit Court of Appeals
Articles
Conour pursues wire fraud appeal
As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.
Rooker-Feldman doctrine bars man’s lawsuit alleging false statements
A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.
Woman fails to prove discrimination claims after she lost counseling job
A woman who was not hired by the private company the Department of Correction contracted with to provide counseling for inmates could not prove the company’s decision was due to age or sex discrimination.
Reservist entitled to full longevity pay despite time away from police force
The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.
7th Circuit reverses denial of benefits, blasts ALJ’s reasoning
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
Conour appeal focuses on defense withdrawal, sentencing terms
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
Indiana’s cold beer law heading to 7th Circuit
Convenience stores will soon have the chance to convince the 7th Circuit Court of Appeals that Indiana’s restrictions on cold beer sales violate the U.S. Constitution.
7th Circuit declines collateral-order review in infertility lawsuit
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
Evidence of felon’s gun tattoo not error
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
7th Circuit reverses summary judgment in prison attack lawsuit
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
Government’s legal error requires another look at convictions
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
Man convicted of making false statements on gun application to get new trial
The 7th Circuit Court of Appeals reversed a Manilla, Indiana, man’s convictions of making false statements in connection with the purchase of a firearm, holding the trial court violated his due process right to present a mistake-of-fact defense.
Appeals court weighing Indiana strip club dispute
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
7th Circuit will hear killer’s appeal en banc
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
Court affirms dismissal of lawsuit alleging malicious prosecution
The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.
7th Circuit reverses 2 special conditions with bank fraud conviction
The government conceded that a man convicted for using fraudulently produced credit cards should not be subjected to suspicionless searches and seizures by authorities, so the 7th Circuit Court of Appeals reversed that condition of his supervised release.
Judges affirm DOE can counterclaim for repayment of student loans
The 7th Circuit Court of Appeals agreed with the lower court that the U.S. Department of Education’s counterclaim for loan repayment, filed in a man’s lawsuit seeking to not have to repay his student loans, is not barred.
Judges say Circuit split requires clarification from sentencing commission
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
Error in admitting drug conviction was harmless, 7th Circuit rules
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.