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Friday, April 22, 2005

Ind. Decisions - 7th Circuit posts two today

IN RE: LARRY EDEN (ND Ill.) [12 pp.]

Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.
ROVNER, Circuit Judge. When an Illinois court dissolved the marriage between Larry Eden and his wife, Jean Eakins, it ordered Eden to compensate Eakins and her legal counsel, Robert A. Chapski, Ltd. (“Chapski”), for the attorney’s fees she had incurred in the divorce proceeding. The state court later determined that this debt was not dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(5) and therefore survived Eden’s Chapter 13 bankruptcy. That ruling prompted Eden to initiate an adversary proceeding contending that the bankruptcy court had reserved to itself exclusive jurisdiction over the dischargeability of the debt. The bankruptcy court rejected that contention and dismissed Eden’s adversary complaint; and the district court affirmed. We likewise affirm.

USA v. PUCKETT, DAWON D. (ND Ill.) [22 pp.]

Before BAUER, POSNER and COFFEY, Circuit Judges.
COFFEY, Circuit Judge. On July 18, 2002, Dawon Puckett was convicted before a jury of armed bank robbery, 18 U.S.C. § 2113(a) & (d), using a firearm during a violent crime, 18 U.S.C. § 924(c)(1)(A), and possession of 63 grams of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1). He was sentenced to a period of confinement of 384 months to be followed by six years’ supervised release and ordered to pay restitution in the amount of $27,674. On appeal, Puckett argues that his convictions should be reversed, alleging that the trial court erred in: 1) admitting evidence of his prior conviction for drug trafficking and thereby unfairly prejudicing the jury against him; and 2) refusing to instruct the jury on the lesser-included offense of simple possession. We affirm.

Posted by Marcia Oddi on April 22, 2005 12:42 PM
Posted to Ind. (7th Cir.) Decisions