Opinions Aug. 2, 2013

Keywords neglect

7th Circuit Court of Appeals
Anthony Weddington v. Dushan Zatecky, Superintendent
Vacates denial of Weddington’s habeas petition and remands for further proceedings consistent with this opinion. Finds the District Court erred in failing to consider Weddington’s claims that he could not meet the limitations period because prison officials confiscated his legal paper work, law books and legal mail. Also points out that the question of whether Judge Tanya Walton Pratt should have recused herself can be remedied by assigning the case to a different district judge on remand.

Citizens Health Corporation v. Kathleen Sebelius, Secretary of Health and Human Services, et al.
Affirms summary judgment in favor of all defendants. Rules that Citizens had no contractual statutory or constitutionally perceivable interest in the Section 330 grant funds. Citizens was no longer the grantee and had no responsibility for the federal monies when it entered into a partnership with Health and Hospital Corp.

Indiana Court of Appeals
Northern Assurance Co. of America, Successor in Interest to Certain Liabilites of Employers Surplus Lines Ins. Co. v. Thomson Inc. k/n/a Technicolor, USA, Inc., Technicolor Inc.,/Technicolor Limited
Civil plenary. Reverses the order of the trial court granting summary judgment in favor of Technicolor and remands with instructions to enter summary judgment in favor of ESLIC. Rules that under California law insurance company does not have to pay for environment cleanup. However, the court noted it did not agree with the position of California law and had the case been decided under Indiana law, the outcome would have been different. In his dissent, Judge John Baker disputed the majority’s interpretation of California law, asserting that in light of the state’s environmental leadership, the California Supreme Court would have ruled differently.

Jeremy Benner v. State of Indiana (NFP)

Criminal. Affirms conviction of child molesting as a Class C felony.

Randy Reeder v. State of Indiana (NFP)

Post conviction. Affirms conviction of four counts of murder and sentence to an aggravated term of 65 years for each conviction, to be served consecutively for a total term of 260 years.

Dwayne Kelly v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Termination of the Parent-Child Rel. of M.R.; C.B. v. Indiana Department of Child Services (NFP)

Juvenile. Affirms the termination of parental rights of C.B., the mother of M.R.

Carolyn (Hansen) Miller v. Robin Mendelsohn, M.D. (NFP)
Civil plenary. Affirms the jury verdict entered in favor of Mendelsohn.

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.

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