Court opinions

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.

Indiana Court of Appeals
Scott D. Hartman v. State of Indiana (mem. dec.)
20A-CR-422
Criminal. Affirms Scott D. Hartman’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor operating a motor vehicle while privileges are suspended. Finds the Delaware Circuit Court did not violate Hartman’s speedy-trial request when it granted the state’s motion to continue under Criminal Rule 4(D). Also finds Hartman has waived his appellate challenges to the admission of evidence and to the limiting of his cross-examination of his passenger at the time of his crimes.

The following Indiana Supreme Court opinion was issued after IL deadline Thursday:
G&G Oil Co. of Indiana, Inc. v. Continental Western Insurance Co.
20S-PL-617
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Continental Western Insurance Company but affirms the denial of G&G Oil Company of Indiana’s motion for summary judgment in a dispute over coverage of a ransomware attack. Finds that although G&G Oil’s losses resulted directly from the use of a computer, neither party is entitled to summary judgment. Remands for further proceedings.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Jeffery Bridges v. United States of America
20-1623
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Jeffery Bridges’ petition for habeas relief. Finds that in this case, counsel’s failure to raise an important and meritorious sentencing guideline argument may constitute ineffective assistance of counsel. Also finds that Hobbs Act robbery is not a “crime of violence” as the phrase is defined in the sentencing guidelines. Remands with orders including an evidentiary hearing on defense counsel’s performance under 28 U.S.C. § 2255(b).

The following opinions were posted after IL deadline Tuesday:
7^th Circuit Court of Appeals
United States of America v. Korrtel Filzen
20-1071
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms the $1,100 special assessment imposed on Korrtel Filzen for his convictions of 11 felony offenses related to an armed robbery spree. Finds the district court could not have lawfully imposed the $900 special assessment considered in Filzen’s plea agreement, and the lawful sentence that it did impose did not seriously affect the fairness, integrity or public reputation of judicial proceedings. Also finds that the court’s Federal Rule of Criminal Procedure 11 violation was not reversible error.

Indiana Court of Appeals
Jeffery Gene Garrison v. Mark Sevier, et al.
20A-MI-01087
Miscellaneous. Affirms the Henry Circuit Court’s denial of Jeffrey Gene Garrison’s request for immediate release from the Department of Correction after his parole was revoked, finding Garrison’s claims are either meritless or waived.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday.

Planned Parenthood of Indiana and Kentucky Inc. v. Kristina Box

17-2428

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.

Civil. Affirms on remand from the United States Supreme Court the district court injunction against enforcement of Senate Enrolled Act 404 (2017), which restricted minors’ access to abortion. Holds that binding standards of caselaw from Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), has not been overruled by a majority opinion of the Supreme Court, leading the majority to affirm the district court preliminary injunction barring full review in the district court. Judge Michael Kanne dissents with opinion.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
USA v. Rita Law
19-2345
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Rita Law’s conviction of four sex trafficking-related counts and 360-month sentence, finding no errors by the district court in the admission or sufficiency of the evidence or the imposition of sentence.