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Wednesday, August 11, 2004

Indiana Decisions - 7th Circuit Posts Four Today

Ballinger, Jay S. v. USA (SD Ind., Judge Barker)

Before FLAUM, MANION, and ROVNER, Circuit Judges.
ROVNER, Circuit Judge. From 1994 to 1999 Jay Scott Ballinger and his girlfriend Angela Wood traveled around the United States setting at least 26 churches on fire in eight different states. Ballinger was ultimately charged with offenses in 11 different federal districts and his appointed counsel negotiated a plea agreement in which all of the charges except those from the Northern District of Georgia were transferred to the Southern District of Indiana. In July 2000 Ballinger pleaded guilty to six counts of arson under 18 U.S.C. § 844(i), 20 counts of intentionally destroying religious real property under § 247(a), two counts of conspiracy to commit arson, and two counts of the use of fire in the commission of a felony, § 844(h). He did not appeal his conviction but instead filed a motion under 28 U.S.C. § 2255 arguing that his plea was involuntary and that his attorney was ineffective. The district court concluded that Ballinger procedurally defaulted those arguments by failing to raise them in a direct appeal. Although the court was correct that Ballinger procedurally defaulted his due process argument, Ballinger has not procedurally defaulted his claim of ineffective assistance of counsel. Since the district court’s decision, the Supreme Court has clarified that claims of ineffective assistance of counsel can be raised for the first time in a § 2255 motion. We therefore remand this case to the district court so that Ballinger may develop the record and the district court may decide his claim of ineffective assistance in the first instance.
McPherson, Leslie D. v. City of Waukegan (ND Ill.)
Before CUDAHY, POSNER and ROVNER, Circuit Judges.
CUDAHY, Circuit Judge. While she was employed by the City of Waukegan (the City), Leslie McPherson alleges that she was sexually harassed, battered and subjected to intentional infliction of emotional distress by her supervisor, Randall Copenharve, and that the City forced her to resign. McPherson appeals the district court’s grant of summary judgment on her Title VII claim of sexual harassment against the City, her claims that the City was liable for Copenharve’s torts under a respondeat superior theory and her demand that the City indemnify any judgment against Copenharve. After considering all of the evidence in the light most favorable to McPherson, we affirm.
Sims-Madison, Johnni v. Inland Paperboard (SD Ind., Judge Young)
Before CUDAHY, RIPPLE, and WILLIAMS, Circuit Judges.
WILLIAMS, Circuit Judge. Johnnie Sims-Madison is an African-American woman who was employed at Inland Paperboard and Packaging’s Evansville, Indiana, plant until early 2000, when she was fired for fighting with another employee. Sims-Madison brought a Title VII action, and the district court granted summary judgment to Inland. At the same time, the district court also said that it was enforcing a purported settlement agreement the parties had previously reached. Sims-Madison appeals, and we vacate and remand.
Hegna, Edwena A. v. Islamic Republic (ND Ill.)

"Having concluded that the Hegnas forfeited any right that they may have had under § 201(a) of TRIA to attach the Chicago properties in aid of execution of their judgment, we need not reach the issue of whether those properties were subject to attachment as 'blocked assets' within the meaning of § 201(d)(2) of TRIA."

Posted by Marcia Oddi on August 11, 2004 01:04 PM
Posted to Indiana Decisions