High-priced Chicago firm handling Durham’s appeal pro bono
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
7th Circuit Court of Appeals
Articles
7th Circuit rejects hospital’s claims for $20M more in federal aid
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
7th Circuit Bar seeks Indiana attorneys to honor
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
7th Circuit orders proposed plan of reorganization open to competitive bidding
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
7th Circuit revises Pattern Criminal Jury Instructions
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
Car’s color alone doesn’t support traffic stop
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
7th Circuit affirms District Court in long-running nursing home litigation
More than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday, which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
Judges uphold man’s 151-month sentence
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
District judge incorrectly dismissed prisoner’s suit for length and unintelligibility
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
Defendant entitled to resentencing under Fair Sentencing Act
The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
Prisoners can seek reductions of crack cocaine sentences
The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
7th Circuit reverses dismissal of prisoner’s suit
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
7th Circuit grants injunction in company’s suit against providing employees contraceptives
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
Lawmakers amend bill to restrict sex offenders’ access to social media
In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.
7th Circuit strikes down sex-offender social media ban as unconstitutional
Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.
7th Circuit orders SSA take another look at woman’s case
Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.
Judge supports denying rehearing, but disagrees with colleagues’ rationale
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
Settlement without insurer’s consent is at builder’s expense
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
Judges ‘disturbed’ by linking of drugs to defendant’s nationality
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
Man argues the sentencing guidelines were applied incorrectly
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.