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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was published after IL’s deadline Monday:
7th Circuit Court of Appeals
Donald Wayne Bush and Kimberly Ann Bush v. United States of America
16-3244
Bankruptcy from district court. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence. Vacates the district court’s judgment in Donald and Kimberly Bush’s bankruptcy case and tax dispute with the Internal Revenue Service. Finds that the right forum for decision is the district court rather than the 7th Circuit Court of Appeals. Remands with instructions (a) to determine whether the related-to jurisdiction applies in light of the analysis in this opinion and (b), if it does, to decide whether to abstain under 28 U.S.C. §1334(c).
Tuesday opinions
Indiana Supreme Court
Angela Y. Smith, Dylan Williams, and $11,180 in United States Currency v. State of Indiana
23S-MI-345
Miscellaneous. Reverses the Marion Superior Court’s judgment in favor of the State of Indiana in a forfeiture proceeding where the state seized $11,180 found during a search of Dylan Williams’ apartment. Finds that the state’s evidence fails to support the trial court’s forfeiture order. Also finds that the money must be returned to Williams’ aunt, Angela Smith, because she alone claimed ownership, she presented uncontradicted evidence establishing the $11,180 belongs to her and the trial court neither concluded she was not the owner nor made any findings or statements questioning her credibility. Remands for the trial court to order the money released to Smith.
Indiana Court of Appeals
Lester L. Sumrall v. LeSEA, Inc.
23A-PL-2214
Civil plenary. Affirms a St. Joseph Circuit Court order granting a motion for judgment lien on real estate in favor of LeSEA, Inc. and the denial of Lester Sumrall’s motion to continue a hearing. Finds Sumrall has not shown that his rights were likely to be prejudiced by a denial of the continuance motion. Also finds no abuse of discretion in the trial court’s denial of the motion.
David R. Benjamin v. State of Indiana
23A-CR-2367
Criminal. Affirms David Benjamin’s conviction in Knox Circuit Court for Level 3 felony aggravated battery. Finds that the trial court did not abuse its discretion by admitting a doctor’s testimony regarding whether the victim’s injuries created a substantial risk of death. Also finds Benjamin has waived his evidentiary appellate challenge because he objected at trial on one ground and raised a different ground on appeal. Finally, finds that any error in the admission of the evidence was harmless.
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