Articles

Opinions June 12, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday
USA v. Terrance Brasher
18-1997
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Terrance Brasher’s sentence of life in prison for conviction of engaging in a conspiracy to distribute narcotics. Finds no merit to any of Brasher’s arguments against his conviction and sentence, including that there was a fatal variance between the conspiracy as charged and the proof at trial, among others.

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Opinions June 11, 2020

Indiana Court of Appeals
Christal Trowbridge v. In re the Estate of Everett Thomas Trowbridge, Michael T. Trowbridge
19A-ES-3022
Estate. Reverses the Clark Circuit Court’s refusal to probate the will of Christal Trowbridge’s ex-husband, Everett Thomas Trowbridge. While affirming the probate court’s conclusion that Everett’s estate is entitled to the presumption that Trowbridge destroyed his will with the intent to revoke it, agrees with Christal that the court did not engage in the proper analysis to determine whether she rebutted that presumption. Remands on that issue with instructions for the court to issue a new order applying the correct analysis.

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Opinions June 10, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Erin Johnson v. Enhanced Recovery Company, LLC
19-1210 & 19-1334
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s entry of summary judgment for Enhanced Recovery on Erin Johnson’s class-action complaint seeking damages under the Fair Debt Collection Practices Act. Finds Johnson failed to present any evidence other than her own opinions that a letter sent by ERC was misleading. Affirms on cross-appeal the district court’s denial of ERC’s prior motion to dismiss, finding denial was proper because the court found Johnson had presented a plausible claim.

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Opinions June 8, 2020

Indiana Court of Appeals
In the Matter of G.B., K.W., and D.C. (Minor Children), Children Alleged to be in Need of Services; N.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2435
Juvenile CHINS. Affirms the adjudication of mother N.C.’s three minor children, G.B., K.W. and D.C., as children in need of services. Finds the Department of Child Services presented sufficient evidence to support the juvenile court’s determination that the children are CHINS.

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