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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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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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