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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 opinions were posted after IL deadline Friday.
7th Circuit Court of Appeals
Donald Wayne Bush v. USA
16-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s decision due to its basis on an “erroneous jurisdictional view.” Finds that although the bankruptcy judge was right to hold that he had authority to resolve the tax dispute between Donald and Kimberly Bush and the United States while the Bushes’ bankruptcy was ongoing, the exercise of that authority was no longer appropriate. Remands with instructions to remand to the bankruptcy judge for the entry of an order under §1334(c)(1), marking the final step in the Bushes’ bankruptcy proceedings.
Indiana Supreme Court
Tracie Easler v. State of Indiana
19S-CR-324
Criminal. Reverses Tracie Easler’s convictions of Class A misdemeanor operating a vehicle while intoxicated, which was entered after a juror informed the Marion Superior Court that one of her family members had been killed by a drunken driver. Finds the information conveyed by the juror before the jury was sworn should have resulted in a hearing to determine whether the defendant could have properly challenged the juror’s service for cause, and the trial court’s refusal to conduct a hearing was an abuse of discretion. Also finds that given the subjective nature of the information conveyed and concerns about the passage of time and potential juror harassment, the Indiana Supreme Court cannot say that remand for a hearing will ensure the fairness of the proceedings below. Remands for a new trial.
Monday’s opinions
Indiana Court of Appeals
Mathew R. DuSablon v. Jackson County Bank
18A-MI-2259
Miscellaneous. Dismisses Mathew DuSablon’s appeal of a preliminary injunction order filed against him, as well as a permanent injunction and contempt order, as well as others. Finds those Jackson Superior Court orders are not properly before the court, excluding a sanctions order. Although the October 2018 sanctions order is appealable as a matter of right, finds DuSablon raised no actual argument on appeal regarding the payment of money under that order. Therefore, finds nothing for the court to review.
Brenda L. White v. Macey & Swanson LLP (mem. dec.)
18A-CT-2854
Civil tort. Affirms the Marion Superior Court’s grant of summary judgement to Macey & Swanson LLP against Brenda White. Finds White’s malpractice claim against M&S is barred by the statute of limitations. Also finds the trial court did not err in granting M&S’s motion for summary judgment.
Bryan Scott Lucas v. State of Indiana (mem. dec.)
18A-PC-2267
Post conviction. Affirms Lake Superior Court’s denial of Bryan Lucas’ petition for post-conviction relief from his aggregate, fixed 40-year sentence for conviction of seven counts of robbery. Finds Lucas did not receive ineffective assistance of counsel, failed to establish that the post-conviction court was biased against him and that there was no double enhancement issue. Concludes that the totality of Lucas’ consecutive sentences was proper.
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