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Friday, February 26, 2010

Ind. Decisions - 7th Circuit decides three Indiana cases today

In Minix v. Canarecci (ND Ind., Miller), an 18-page opinion, Judge Tinder writes:

While incarcerated at the St. Joseph County Jail, Gregory Zick, an inmate with a history of suicidal tendencies, took his own life. Zick’s mother, Cathy Minix, brought suit under 42 U.S.C. § 1983 against several jail officials for their alleged deliberate indifference to Zick’s suicide risk. The district court granted summary judgment in favor of the defendants. We affirm. * * *

Zick’s suicide was tragic, but the evidence produced was not enough to overcome the “high hurdle” set by the deliberate indifference standard for liability under § 1983. Collins, 462 F.3d at 762. We AFFIRM the grant of summary judgment in favor of the defendants.

In Gentry v. Sevier (ND Ind., Judge Simon), a 24-page opinion, Judge Der-Yeghiayan, District Judge for the Northern District of Illinois, is sitting by designation, writes:
On June 10, 1999, Kenneth E. Gentry was convicted in the Marion Superior Court of Indiana on three counts of burglary and three counts of theft. During the trial, the Government introduced evidence that was obtained by police officers during an encounter with Gentry when the police officers searched Gentry’s person and a wheelbarrow he was pushing. At no time before or during the trial did Gentry’s counsel move to suppress or object to the introduction of the evidence. Gentry’s habeas petition asserts that by failing to move to suppress or object to the admission of the evidence obtained from the searches by the arresting officers, Gentry received ineffective assistance of counsel. The district court denied Gentry’s habeas petition. For the reasons stated below, we reverse the district court’s denial of the habeas petition. * * *

For the above stated reasons, we conclude that the Court of Appeals of Indiana unreasonably applied federal law when the Court determined that the evidence concerning the search of the wheelbarrow was admissible and held that Gentry’s counsel’s performance did not fall below an objective standard of reasonableness. We REVERSE the decision of the district court and REMAND with instructions to GRANT the petitioner’s request for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. If the State elects not to retry Gentry within 120 days, he shall be released from confinement.

In U.S. v. Meux (ND Ind., Nuechterlien, Magistrate Judge), a 6-page opinion, Judge Der-Yeghiayan, District Judge for the Northern District of Illinois, is sitting by designation, writes:
Shakir Meux was sentenced in the instant case to a term of imprisonment and was ordered to pay a mandatory restitution. All postjudgment proceedings were referred by the district court judge to the magistrate judge. The magistrate judge granted the Government’s motion for turnover of funds. Meux appeals the ruling of the magistrate judge. For the reasons stated below, we affirm the ruling of the magistrate judge. * * *

Meux also argues that the magistrate judge was without jurisdiction to enter a final order directing that the $4,881.00 be turned over to the Government in partial satisfaction of the restitution order. * * *

Meux owed the United States $134,218.52 in restitution. The United States is unmistakably entitled to collect the restitution owed by Meux. Meux had his day in court and the magistrate judge properly ordered the turnover of the $4,881.00, which was in partial satisfaction of the restitution amount. Meux has not shown any meaningful relief he can gain from this appeal, nor has Meux shown any reason to disturb the order of the magistrate judge.

Posted by Marcia Oddi on February 26, 2010 11:28 AM
Posted to Ind. (7th Cir.) Decisions