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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Wednesday:
7th Circuit Court of Appeals
Jeffrey Alan Weisheit v. Ron Neal
23-2906
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker. Affirms the district court’s denial of Jeffrey Weisheit’s habeas petition and related motions pertaining to his murder convictions and death penalty sentence. Finds Weisheit has not carried his burden to meet the Antiterrorism and Effective Death Penalty Act of 1996 standard for federal habeas petitioners. Also finds the Indiana Supreme Court did not unreasonably apply Strickland when it concluded that Weisheit failed to establish ineffective assistance of counsel, so he is not entitled to habeas relief on these claims. Attorneys for appellant: Joseph Perkovich, David Volsin, Joseph Welling. Attorneys for appellee: Kelly Loy, Tyler Banks.
Thursday opinions
Indiana Court of Appeals
Dion Kimbrough v. State of Indiana
24A-CR-2348
Criminal. Affirms Dion Kimbrough’s convictions in Marion Superior Court of murder and Level 4 felony unlawful possession of a firearm by a serious violent felon for shooting a passenger on an Indianapolis interstate during a road-rage incident. Finds the trial court erred in admitting evidence that Kimbrough was on home detention and GPS monitoring through community corrections at the time of the shooting, but the error was harmless. Judge L. Mark Bailey concurs with separate opinion. Attorney for appellant: Lisa Johnson. Attorneys for appellee: Attorney General Todd Rokita, Steven Hosler.
Christine Brane v. Scott Clupper
25A-EU-18
Estate unsupervised. Affirms the Grant Superior Court order denying Christine Brane’s petition to reopen the Estate of George D. Akers. Finds Brane has waived for appeal the issue of the applicability of the statute of limitation for claims against distributees. Also finds there is simply no basis to apply Indiana Code section 35-41-4-2(d), which allows a prosecution for murder to commence “at any time,” to Brane’s civil petition to reopen the Akers Estate. Attorney for appellant: Donald McClellan. Attorneys for appellee: John Cremer, Jonathan Lamb, Kaleb Salisbury.
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