WALLACE, DONALD R. v. DAVIS, CECIL is an appeal from the SD Ind. Here is the beginning of the panel's opinion affirming Judge Barker's ruling:
EASTERBROOK, Circuit Judge. Donald Wallace killed an entire family in cold blood. He broke into a house to commit a burglary and found the occupants at home. He tied up the parents and shot each in the head to prevent them from identifying him. Then he shot both children to stop them from crying. This crime, the culmination of a long criminal career, led to a death sentence. The Supreme Court of Indiana affirmed, 486 N.E.2d 445 (1985), and rejected Wallace’s bids for collateral relief. 553 N.E.2d 456 (1990); 640 N.E.2d 374 (1994). Wallace filed his federal petition for a writ of habeas corpus before enactment of the Antiterrorism and Effective Death Penalty Act of 1996, which therefore does not apply. See Lindh v. Murphy, 521 U.S. 320 (1997). The district court denied Wallace’s petition. 2002 U.S. Dist. LEXIS 22353 (S.D. Ind. Nov. 14, 2002).CHRIST UNIVERSAL MIS v. CITY OF CHICAGO at first glance appears to involve the applicability of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). However, although the Church here is challenging a portion of the Chicago Zoning Ordinance (“CZO”), the ruling turns on the procedural effectiveness of an amendment to the zoning code rather than the RLUIPA. Posted by Marcia Oddi at March 26, 2004 01:59 PM