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Opinions April 16, 2013

April 16, 2013
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The following 7th Circuit Court of Appeals decisions were handed down after IL deadline Monday:

United States of America v. Ronald Zitt and Joshua Wampler
12-1277, 12-2865
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. In a consolidated appeal, affirms denial of Zitt’s motion for a mistrial. The District Court properly exercised its discretion in denying the motion. Dismisses Wampler’s appeal. Wampler pleaded guilty to two drug charges. Wampler waived his right to appeal as a condition of his agreement. Grants his counsel’s motion to withdraw and denies Wampler’s motion for substitute counsel.

Torray Stitts v. Bill Wilson, superintendent, Indiana State Prison
12-2255
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses denial of petition for writ of habeas corpus. Remands to the District Court to resolve the actual extent of trial counsel’s alibi investigation. If the District Court finds that the trial counsel performed no further investigation, then it should grant Stitts’ habeas petition. If the court finds that trial counsel did more, then it must determine de novo whether that investigation was reasonable under Strickland.

Tuesday’s opinions
7th Circuit Court of Appeals

Renee S. Majors v. General Electric Co.
12-2893
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms grant of summary judgment on Majors’ claims that GE violated the Americans with Disabilities Act when it denied her positions and that GE retaliated against her for filing EEOC charges of discrimination.

Robert Leimkuehler, as trustee of and on behalf of the Leimkuehler Inc. Profit Sharing Plan, and on behalf of all others similarly situated v. American United Life Insurance Co.
12-1081, 12-1213, & 12-2536
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms ruling that American United Life Insurance Co. was not a fiduciary of the Leimkuehler Inc. Profit Sharing Plan with respect to AUL’s revenue-sharing practices. Although very little about the mutual fund industry or the management of 401(k) plans can plausibly be described as transparent, agrees that AUL is not acting as a fiduciary for purposes of 29 U.S.C. § 1002(21)(A) when it makes decisions about, or engages in, revenue sharing. Finds it unnecessary to express any view on the question whether revenue sharing yields net benefits to individual 401(k) investors.

Indiana Court of Appeals
David Arnett v. Julia Arnett (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04161301par.pdf  
32A01-1208-DR-383
Domestic relation. Affirms dissolution of marriage.

Enrique Perez v. State of Indiana (NFP)
49A04-1208-CR-419
Criminal. Affirms conviction of Class B felony robbery.

Herman P. Johnson v. State of Indiana (NFP)
49A02-1207-PC-606
Post conviction. Affirms denial of petition for post-conviction relief.

David Delong v. Kim Delong (NFP)
43A03-1206-DR-299
Domestic relation. Affirms custody order, reverses order on support and regarding a parenting coordinator and remands for further proceedings.

Harold M. Bacchus, Jr. v. Fazia Deen-Bacchus (NFP)
02A03-1203-DR-119
Domestic relation. Affirms in part and reverses in part order finding the net worth of the marital property to be $1,405,763, and giving wife 55 percent and husband 45 percent. Remands with instructions.  

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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