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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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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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