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Opinions Sept. 20, 2012

September 20, 2012

7th Circuit Court of Appeals
G&S Holdings LLC, et al. v. Continental Casualty Company
11-1813
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms grant of Continental’s motion to dismiss the suit against it stemming from Continental’s failure to pay adequate damages to G&S Metal Consultants Inc., which caused the plaintiffs damages. The plaintiffs cannot succeed on their claim that the wrong standard was applied to the motion to dismiss and the record supports dismissing for failure to state a claim.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

State Farm Mutual Automobile Insurance Company, Alan Steady v. Richard Kern
49A02-1201-CT-34
Civil tort. Reverses grant by trial court that judgment against Steady – who was found 100 percent at fault for injuries Kern sustained in an accident – was satisfied after State Farm paid Kern underinsured motorist benefits. Concludes that when a judgment is entered against a third-party tortfeasor, said judgment is not satisfied when the plaintiff’s insurer compensates the plaintiff due to the third-party tortfeasor’s being underinsured.

Efren Mendoza-Vargas v. State of Indiana
20A03-1201-CR-27
Criminal. Reverses drug convictions and remands for a new trial. The police failed to scrupulously honor Mendoza-Vargas’ right to remain silent.

Cody Waldrip v. Angela Waldrip, City of Bloomington, Indiana, Monroe County, Indiana, State of Indiana
53A01-1203-CT-135
Civil tort. Reverses grant of Bloomington’s motion for judgment on the pleadings on Cody Waldrip’s lawsuit. His notice regarding malicious prosecution was timely as a matter of law, and the record is insufficient to address his claim that he was incapacitated by virtue of his incarceration and that prevented him from timely filing his tort claim notice. Affirms dismissal of false imprisonment, civil perjury, tortious interference with child custody and/or parenting time, defamation and abuse of process claims against Angela Waldrip.
Reverses dismissal of claims against Angela for malicious prosecution and intentional infliction of emotional distress. His complaint fails to state any claims that could be properly presented against Monroe County.

George Sanders v. State of Indiana (NFP)
02A04-1112-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.

D. Frank Winconek v. State of Indiana (NFP)
18A05-1204-CR-184
Criminal. Affirms sentence following guilty plea to five counts of Class D felony theft.

Abigail Begeman v. State of Indiana (NFP)
30A01-1204-CR-163
Criminal. Affirms sentence for convictions of Class A misdemeanors battery and resisting law enforcement, and Class B misdemeanors disorderly conduct and public intoxication.

Ellis DeBerry v. State of Indiana (NFP)
49A04-1111-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Gerald Jerome Cox v. State of Indiana (NFP)
45A03-1202-CR-70
Criminal. Affirms 15-year sentence for Class B felony child molesting.

In the Matter of the Term. of Parent-Child Rel. of Ge.S. & O.S., and G.S. v. The Indiana Dept. of Child Services (NFP)
45A03-1201-JT-11
Juvenile. Affirms involuntary termination of parental rights.

Robert Wendel v. State of Indiana (NFP)
49A02-1201-CR-2
Criminal. Affirms convictions and 40-year sentence for Class A felony robbery, Class B felonies burglary, criminal confinement and aggravated battery, and Class A misdemeanor invasion of privacy.

Angela B. Tate v. State of Indiana (NFP)
02A03-1203-CR-140
Criminal. Affirms restitution order following convictions of Class D felony aiding theft and Class A misdemeanor resisting law enforcement.

Darius Jiggetts v. State of Indiana (NFP)
71A03-1202-CR-59
Criminal. Affirms imposition of consecutive sentences following revocation of probation.

 

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