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The U.S. District Court for the Southern District of Indiana must hold a hearing on a convicted drug offender’s motion for collateral relief after the 7th Circuit Court of Appeals determined the offender presented evidence to justify a hearing on deficient counsel performance.
The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.
The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.
The Indiana Court of Appeals has upheld the denial of injunctive relief in a fraud case stemming from the alleged breach of a non-compete clause by two anesthesia service providers who worked at Marion General Hospital. The COA found evidentiary support for the trial court’s decision.
The legal industry continued two trends in the first quarter of 2018 — the white-hot pace of law firm combinations is getting hotter, and none of the acquisitions involved a firm either based in Indiana or with an office in the Hoosier state.
An Alabama-based medical billing company is not subject to Indiana jurisdiction in a trade secrets case because the Indiana plaintiff failed to prove the misappropriation of its trade secrets had a substantial connection to the Hoosier state.
A man’s attempted murder conviction after a Vanderburgh County knife attack will be vacated after a divided Indiana Court of Appeals found his trial counsel erred by failing to object to two jury instructions.
An anti-shoplifting program that had been implemented by Walmart at 36 Indiana locations — including Beech Grove, Kokomo and Lafayette — has been voluntarily discontinued by the company after Indiana Attorney General Curtis Hill issued a critical opinion.
The Indianapolis park where Robert Kennedy called for peace and unity just hours after the assassination of Martin Luther King Jr. has officially been designated a National Historic Site. The designation comes as events at the park mark the 50th anniversary of King’s death.
The Community-Wide Job Fair and Resource Fair on Friday aims to make the transition from prison to employment a bit easier with the help of attorneys and law students, among others.
Special counsel Robert Mueller has informed President Donald Trump’s attorneys that the president is not currently considered a criminal target in the Russia investigation, according to a person familiar with the conversation.
Demolition has begun at a northwest Indiana public housing complex contaminated with arsenic and lead. Demolition of East Chicago's West Calumet Housing Complex will remove all buildings, foundations, streets and sidewalks, according to the U.S. Department of Housing and Urban Development.
Recently, I was notified that I have been on Facebook for 12 years. I joined during my 3L year when you needed an email account associated with a school. Largely, I signed up because I wanted to keep in touch with my siblings and this new platform seemed to be what the cool kids were […]
Accusations of sexual harassment and prosecutorial misconduct at the U.S. Department of Justice’s Capital Case Section have ensnared a death penalty case in the Southern District of Indiana against a federal inmate charged with killing his cellmate.
A Dutch attorney who lied to federal agents investigating former Trump campaign chairman Paul Manafort was sentenced Tuesday to 30 days in prison in the first punishment handed down in special counsel Robert Mueller’s Russia investigation. He was also ordered to pay a $20,000 fine.
Indiana Court of Appeals
In Re the Marriage of: William Lynch v. Lisa Lynch, and State of Indiana (mem. dec.)
29A02-1710-DR-2484
Domestic relation. Affirms the modification of William Lynch’s child support obligation. Finds the Hamilton Superior Court did not err when it calculated Lynch’s current child support obligation or when it made the modification of child support retroactive to the date he filed his motion for modification.
The Fair Housing Center of Central Indiana will celebrate the 50th anniversary of the passage of the Fair Housing Act at its annual conference Wednesday in Indianapolis. The event also coincides with the date of the slaying of civil rights leader Dr. Martin Luther King Jr., 50 years ago.
This article will provide an overview of the issues surrounding this current Facebook faux pas, with a focus on what questions lawyers should be asking themselves.
.S. Steel will pay a $600,000 civil penalty and $630,000 to reimburse various federal agencies for costs and damages after one of its plants discharged wastewater containing a potentially carcinogenic chemical into a tributary of Lake Michigan, federal and state officials said Monday.
Three former Krieg DeVault LLP partners who sued the firm alleging they were denied compensation when they moved to new firms — and then faced a countersuit from their former employer — have confidentially settled the litigation, court records show.