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Opinions Feb. 2, 2017

February 2, 2017

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Dentrell Brown v. Richard Brown
16-1014
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Reverses the district court’s dismissal of Dentrell Brown’s habeas petition and denial of his request for an evidentiary hearing. Finds the form of “cause” found in Martinez v. Ryan and Trevino v. Thaler is available to federal habeas corpus petitioners in Indiana who have substantial claims for ineffective assistance of trial counsel that have been procedurally defaulted in state post-conviction proceedings by lack of any counsel or lack of effective counsel. Also finds that Brown is entitled to an opportunity to overcome procedural default of his claim for ineffective assistance of trial counsel if he can both demonstrate ineffective assistance of post-conviction counsel and assert a substantial claim of ineffective assistance of trial counsel. Finally, finds that Brown is entitled to an evidentiary hearing. Remands for an evidentiary hearing on both claims for ineffective counsel and then, if the default is excused, on the merits of the trial-based claim. Judge Diane Sykes dissents with separate opinion.

Richard Doermer, both individually and derivatively on behalf of the Doermer Family Foundation, Inc. v. Kathryn Callen et al.
15-3734
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the district court’s decision to dismiss Richard Doermer’s case. Finds Doermer lacks standing to bring a derivative claim because he is neither a shareholder nor a member. Also finds that Doermer’s individual claims for money judgment fail because they are properly understood as belonging to the Doermer Family Foundation Inc. and, thus, are derivative in nature. Finally, finds that all of Doermer’s individual claims fail as a matter of law on their merits.

Thursday's opinions
Indiana Court of Appeals
Rachel Neal v. IAB Financial Bank, f/k/a Grabill Bank
02A03-1604-CT-1002
Civil tort. Affirms summary judgment in favor of IAB Financial Bank. Finds because all three Webb factors lean against imposing a duty here, the Allen Superior Court did not err in concluding the bank owed no duty to Neal.

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