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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 Monday:
7th Circuit Court of Appeals
Birt Ford v. Dennis Reagle
21-3061
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young. Affirms the district court’s denial of federal habeas review under 28 U.S.C. § 2254 to Birt Ford. Finds the responsibility to develop the record rested with Ford’s postconviction attorneys and under Supreme Court precedent, their failure to do so is attributed to Ford and does not permit the circuit court to override the Antiterrorism and Effective Death Penalty Act of 1996, which generally bars a federal evidentiary hearing on a state prisoner’s habeas claim, with only narrow and inapplicable exceptions. Attorney for appellant: Xiao Wang. Attorneys for appellee: Andrew Kobe, Tyler Banks.
Tuesday opinions
Indiana Court of Appeals
Indiana Housing & Community Development Authority, et al. v. Cadence Blanchard, et al.
25A-PL-1383
Civil plenary. Reverses the Marion Superior Court’s order granting a preliminary injunction and certifying a class action regarding the Indiana Housing and Community Development Authority’s termination of the Indiana Emergency Rental Assistance 2 program, which was created to administer rental assistance using federal funding appropriated as a result of the Covid-19 pandemic. The trial court ordered IHCDA to reopen the program and granted the plaintiffs’ motion for certification of a class. Finds the trial court abused its discretion by granting the preliminary injunction because Plaintiffs lack standing under the Administrative Orders and Procedures Act, so they cannot succeed on that claim. Also finds that the trial court abused its discretion by certifying the class because, as currently defined, the class is not sufficiently definite regarding whether or not an individual is a member. Remands for further proceedings. Judge Paul Felix concurs in result with separate opinion. Judge Nancy Vaidik dissents with separate opinion. Attorneys for appellants: Attorney General Todd Rokita, Solicitor General James Barta, John Vastag. Attorneys for appellees: Fran Quigley, Ian Bensberg.
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