Opinions Dec. 7, 2021

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Monday.

7^th Circuit Court of Appeals
Sachin Gupta v. Chad Melloh and City of Indianapolis
19-2723
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the summary judgment awarded to police officer Chad Melloh and the city of Indianapolis on an excessive force complaint made by Sachin Gupta. Finds a factfinder is needed due to material disputes. Finds the Southern District Court also erred in awarding summary judgment on additional claims made by Gupta. Remands to the district court for further proceedings. 

Tuesday
Court of Appeals of Indiana
State of Indiana v. Tobias N. Smith
21A-CR-1475
Criminal. Reverses the dismissal of an information charging Tobias Smith with burglary as a Level 4 felony, kidnapping as a Level 5 felony and criminal confinement as a Level 5 felony. Finds the Vigo Superior Court misapplied the law in dismissing the information with prejudice. Remands with instructions to reinstate the charges against Smith.

Bearcat Xpress, Inc., et al. v. William J. Coffman (mem. dec.)
21A-CT-1572
Civil tort. Reverses the Gibson Superior Court’s denial of Indiana Trial Rule 60(B) relief to Kenneth L. Partlow and Bearcat Xpress, Inc. against William Coffman. Finds Bearcat is entitled to Trial Rule 60(B) relief from the default judgments. Remands for further proceedings.

Lonnie Garner, Jr. v. State of Indiana (mem. dec.)
21A-CR-1152
Criminal. Affirms Lonnie Garner, Jr.’s conviction of Class A misdemeanor resisting arrest. Finds sufficient evidence to support his conviction.

Brandon Allen Thompson v. State of Indiana (mem. dec.)
21A-CR-1242
Criminal. Affirms Brandon Thompson’s conviction of Class A misdemeanor illegal possession of a controlled substance and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds that the pistol did qualify as a firearm and that the evidence was sufficient to sustain Thompson’s conviction.

Aaron W. Egger v. State of Indiana (mem. dec.)
21A-CR-781
Criminal. Affirms Aaron Egger’s convictions for two counts of Level 4 felony dealing in methamphetamine.  Finds the Marshall Superior Court properly denied Egger’s request for severance of the charges as a matter of right pursuant to I.C. § 35-34-1-11(a). Finds Egger has failed to show that the trial court abused its discretion in admitting Facebook messages between himself and a confidential informant into evidence.

Talmadge Russell Jasper v. State of Indiana (mem. dec.)
21A-CR-358
Criminal. Affirms Talmadge Jasper’s 60-year sentence for conviction of murder. Finds his sentence is not inappropriate in light of the nature of the offense and Jasper’s character.

Raychel Davis v. State of Indiana (mem. dec.)
21A-CR-1028
Criminal. Affirms Raychel Davis’ conviction for Level 4 felony possession of methamphetamine. Finds sufficient evidence to support Davis’ conviction. Finds the Cass Superior Court did not commit fundamental error in instructing the jury.