EVANS v. POSKON et al

Filing 266

ORDER denying 265 Amended Motion for Inspection of Juror Questionaire. (S.O.) Copy mailed. Signed by Judge Sarah Evans Barker on 1/8/2014. (MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

TY EVANS,
Plaintiff,
vs.
FRANK POSKON, et al.,
Defendants.

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1:07-cv-592- SEB-TAB

ENTRY ON DEFENDANT’S AMENDED REQUEST
FOR INSPECTION OF JUROR QUESTIONNAIRE
(Docket No. 265)
On December 19, 2013, Defendant moved the Court for an order requiring the Clerk to
inspect the questionnaire provided by Juror No. 3 and confirm for him that juror’s stated occupation.
He explained that such inspection was necessary because, after the trial was over, he recognized
Juror No. 3 to be a lawyer with whom he had prior dealings and believes her participation as a juror
in his case would have prevented him from receiving a fair trial. On December 20, 2013, the Court
informed Defendant that Juror No. 3 was not a lawyer and thus could not be the subject of his
concerns. Defendant now moves the Court for an order requiring the Clerk to inspect the
questionnaire provided by Juror No. 4. Defendant explains that he was mistaken that the lawyer at
issue was Juror No. 3. He now believes that she was, instead, Juror No. 4.
When the Court received Defendant’s prior motion, the Clerk reviewed the names of all of
the individuals who served as jurors in this case, without regard to their seat number or other
designation. The Clerk found no juror named Lucille Uttermohlen nor, in fact, any lawyer on the
panel. The Clerk also reviewed the names of all of the persons summoned for jury service

and found no person named Lucille Uttermohlen within the venire.
The Court is certain, and so assures Defendant, that no person named Lucille Uttermohlen served
on his jury. Thus, there is simply no basis upon which to assume, never mind establish, some impropriety
with the jury’s verdict in this case caused by or involving a lawyer/juror by that name.
IT IS SO ORDERED.
Date: 01/08/2014
_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Copies to:
Electronically registered counsel of record via ECF
and
TY EVANS
#158293
J-11-4F
4490 W. Reformatory Road
Pendleton, IN 46064-9001

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