Opinions March 23, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Shawn Bacon
20-1415
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Shawn Bacon’s convictions on drugs and firearms charges, the denial of his motion to suppress and the denial of his request for a Franks hearing. Finds that on balance, the controlled buys in this case were reliable indicators that Bacon was selling drugs from his home, even though the buys included “middlemen” who were not search or wired. Also finds the district court did not err in denying Bacon a Franks hearing because the “omissions” in a probable cause affidavit supporting a search warrant were immaterial. Finally, finds there was sufficient evidence to support his convictions.

Tuesday opinions
Indiana Court of Appeals
624 Broadway, LLC and Nations, LLC v. Gary Housing Authority (mem. dec.)
20A-SC-1021
Small claims. Reverses the entry of summary judgment for Gary Housing Authority in a dispute with 624 Broadway LLC and Nations LLC over property possession. Finds the Lake Superior Court lacked subject-matter jurisdiction. Remands with instructions to dismiss the small-claims suit.

Town of Edgewood, Indiana v. Paul Hensley, et al. (mem. dec.)
20A-SC-1543
Small claims. Affirms the small claims judgment entered in favor of Paul Hensley, his wife Betty and his daughter Stephanie Grimm on a negligence claim. Finds the town of Edgewood has shown no clear error in the Madison Circuit Court’s small claims judgment in favor of the Hensleys and Grimm.

Charles S. Martin v. State of Indiana (mem. dec.)
20A-CR-1723
Criminal. Affirms Charles S. Martin’s five-year sentence for his conviction in Jay Circuit Court of Level 5 felony possession of a narcotic drug. Finds Martin has not shown that his sentence is inappropriate in light of the nature of the offense and the character of the offender.

Luke L. Tooley, Jr. Revocable Trust v. Michael Ghosh and Mark J. Pizur (mem. dec.)
20A-PL-2048
Civil plenary. Reverses the grant of a motion for change of venue pursuant to Indiana Trial Rule 57 in a dispute between Michael Ghosh and Luke Tooley. Finds the Marion Superior Court’s grant of the motion to change venue was against the logic and effect of the facts and circumstances before it. Also finds the trial court abused its discretion in granting the motion filed by Mark Pizur, Ghosh’s lawyer. Remands with instructions to vacate the ordering transferring venue and for further proceedings.