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Opinions Sept. 23, 2019

The 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.

Proper forum for dispute is tax court, not bankruptcy

| Katie Stancombe

A federal appellate panel has answered questions as to whether a bankruptcy court can determine the amount of a debtor’s tax obligations when the debtor is unlikely to pay them. Although a U.S. Bankruptcy Court for the Southern District of Indiana answered yes to that question, a district judge disagreed.

Justices order new drunken driving trial after possible juror bias

| Olivia Covington

A woman convicted on a drunken driving charge will get a new trial after the Indiana Supreme Court unanimously threw out her conviction on Friday. The justices remanded the Marion County case because the trial court did not hold a hearing to determine whether the defendant could have challenged a selected juror who later admitted that a family member had been killed by a drunken driver.

 

Opinions Sept. 20, 2019

Indiana Court of Appeals
T.R. v. E.R.
19A-DC-89
Domestic relations. Affirms the Marion Superior Court’s decree of dissolution of T.R. and E.R.’s marriage. Remands with instructions to clarify the order regarding the domestic violence program, psychological evaluation and mother’s income, and to recalculate child support if necessary.

The Latest: Patient records found at closed abortion clinics

| Associated Press

Indiana’s attorney general says thousands of patient medical records have been found at three shuttered Indiana abortion clinics that were operated by a late abortion doctor whose Illinois garage was found to contain more than 2,200 sets of preserved fetal remains. Attorney General Curtis Hill said Friday that the women who were patients at Dr. Ulrich Klopfer’s clinics in Gary, South Bend and Fort Wayne had an expectation that their privacy would be protected, but their records were “abandoned” in the clinics when they closed years ago.

Man hurt in bar fight with off-duty officers awarded $1.25M

| Associated Press

A jury has awarded an Air Force veteran nearly $1.25 million in damages related to a 2014 bar fight involving two off-duty Indianapolis officers that left him unconscious. Wednesday’s verdict stemmed from a federal lawsuit by Bradford Bohanon against the officers and the city.

Fort Wayne officer who worked at school charged with child seduction

| Associated Press

A northeastern Indiana police officer has been charged with child seduction after authorities say he had an inappropriate relationship with a 16-year-old girl at a school where he worked. Indiana State Police announced charges against Fort Wayne police Sgt. Andrew Beck that also include possession of child pornography.