Opinions March 4, 2011

March 4, 2011
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7th Circuit Court of Appeals
In Re: Rich Bergeron
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Denies Bergeron’s petition for mandamus removing Judge Barker from Eppley v. Iacovelli, pending in the District Court. Bergeron is involved in that suit and was held in contempt for not removing web postings. Regarding Bergeron’s contempt proceeding, Bergeron didn’t ask the 7th Circuit to stay the proceeding in the District Court and it’s now too late to order the judge removed from the case because she’s through with it. The appearance of impropriety in this case is too attenuated to justify that extraordinary remedy.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
D.M. v. State of Indiana (NFP)
Juvenile. Affirms denial of D.M.’s motion for a continuance. He was adjudicated as a delinquent child for committing what would be if committed by an adult Class D felony intimidation, Class A misdemeanor battery on a police officer, and resisting law enforcement as a Class A misdemeanor.

Indiana Tax Court had posted no opinions at IL deadline.


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