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Wednesday, December 31, 2008

Ind. Decisions - Two Indiana cases from 7th Circuit at year's end

In Joseph E. Corcoran v. Buss (ND Ind., Judge Sharp), a 33-page, 2-1 opinion, Judge Bauer concludes:

The district court’s finding that Corcoran was competent to waive his post-conviction proceedings is AFFIRMED. However, the decision of the district court to grant Joseph Corcoran habeas relief is REVERSED and REMANDED with instructions to deny the writ, and the State of Indiana is at liberty to reinstate the death penalty.

[p. 25] WILLIAMS, Circuit Judge, concurring in part and dissenting in part. I agree with the majority regarding Corcoran’s Sixth Amendment claim, and I join that part of the opinion. However, I disagree with my colleagues’ conclusion that Corcoran was competent to waive postconviction review.

In Rochester Holmes v. Potter (ND Ind., Magistrate Judge Rodovich), a 10-page opinion, Judge Williams writes:
Rochester Holmes maintains that his former employer, the United States Postal Service, breached a settlement agreement signed after the mediation of a complaint he brought under the Rehabilitation Act. In particular, he contends that the USPS breached the agreement by requiring him to repay a voluntary withdrawal he had taken from his retirement account, by improperly calculating his retirement amount using his time in the military, and by adjusting his annual leave payment based on an existing negative leave balance. Because the settlement agreement is unambiguous, integrated, and contains no provisions detailing how benefits were to be calculated, the USPS did not breach the agreement. Therefore, we affirm the grant of summary judgment in the USPS’s favor.

Posted by Marcia Oddi on December 31, 2008 11:05 AM
Posted to Ind. (7th Cir.) Decisions