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Opinions March 10, 2017

March 10, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Telamon Corporation v. Charter Oak Fire Insurance Company and St. Paul Fire and Marine Insurance Company and Telamon Corporation v. Charter Oak Fire Insurance Company and Travelers Casualty & Surety Company of America
16-1205 and 16-1815
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young. Affirms the district court’s dismissal of Telamon Corp.’s case against St. Paul Fire and Marine and Charter Oak Fire insurance companies and the court’s grant of summary judgment in favor of the defendants in the original case. Finds Juanita Berry’s theft was not covered under either the Travelers or the Charter Oak insurance policies. Also finds Telamon has not stated a claim for a breach of the duty of good faith. Finally, finds Telamon was not entitled to bring a new lawsuit that did no more than add a few additional insurers and policies to its basic case.

Friday’s opinions
Indiana Court of Appeals
James E. Manley v. Keith Butts
33A05-1608-MI-1865
Miscellaneous. Reverses the Henry Circuit Court’s order dismissing James E. Manley’s petition for writ of state habeas corpus as an unauthorized successive petition for post-conviction relief. Because Manley’s habeas petition is challenging the validity of his convictions and sentence, Indiana Post-Conviction Rule 1(1)(c) requires that, under such circumstances, a trial court to transfer the petition to the court where the petitioner was convicted. Remands with instructions to the trial court to transfer the petition to Manley’s conviction court, the Monroe Circuit Court, where it shall be treated as a post-conviction petition.

Darren Dwayne Langdon v. State of Indiana
49A02-1606-CR-1470
Criminal. Reverses the Marion Superior Court’s imposition of a second $50 supplemental fee on Darren Langdon. Finds the trial court lacked statutory authority to impose the second fee. Remands for the issuance of an amended sentencing order.

The Estate of Robert Curtis, Sr., by its Personal Representative Theresa Brade v. GEICO General Insurance Company
71A05-1610-PL-2438
Civil plenary. Affirms the trial court’s grant of GEICO General Insurance Co.’s declaratory judgment action against Robert Curtis seeking a declaration that an altercation that Curtis was involved in, possibly leading to his death, was not covered under GEICO’s insurance policy with Drake Matovich because Matovich was not “using” the covered vehicle at the time of the incident. Finds the reasonable expectations of that parties at the time they entered into the policy would not have included coverage for a physical altercation that merely happened to occur near the covered vehicle. As a matter of law, Matovich was not “using” his vehicle at the time of the altercation with Curtis.

Imre L. Falatovics v. Amy L. Falatovics
46A04-1605-DR-1161
Domestic relation. Affirms the dismissal of Imre L. Falatovics’ Trial Rule 60(B) motion and his addendum to that motion. The trial court did not err in finding that Falatovics failed to follow the proper procedure. Finds that neither laches nor invited error applies and Falatovics was not deprived of his constitutional rights. Denies Amy L. Falatovics’ request for attorney fees.

Scott A. Estep v. State of Indiana (mem. dec.)
02A04-1608-CR-1916
Criminal. Affirms Scott A. Estep’s conviction of Level 5 felony battery and his six-year sentence. The Allen Superior Court did not err in admitting evidence of a prior battery against his girlfriend. Finds Estep has failed to establish his sentence is inappropriate in light of the nature of the offense and his character.

Charles Carlos Chatman v. State of Indiana (mem. dec.)
49A02-1606-CR-1205
Criminal. Affirms Charles Chatman’s conviction of battery by means of a deadly weapon as a Level 5 felony. Finds ample evidence was provided to disprove Chatman’s claim of self-defense beyond a reasonable doubt.

Gerald Donaldson v. State of Indiana (mem. dec.)
49A05-1608-CR-1834
Criminal. Affirms Gerald Donaldson’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. There was sufficient evidence to prove Donaldson possessed the firearm. Remands with instructions for the Marion Superior Court to correct an error on Donaldson’s abstract of judgment.

Jeremy Perry v. State of Indiana (mem. dec.)
01A05-1603-CR-678
Criminal. Affirms Jeremy A. Perry’s convictions for Level 3 felonies aggravated battery and attempted aggravated battery and his sentence to 14 years imprisonment for aggravated battery and 12 years imprisonment for attempted aggravated battery. Finds the Adams Circuit Court properly admitted Ciarra Hardin’s deposition testimony because she was unavailable at trial. Also finds the state presented sufficient evidence to sustain Perry’s conviction and Perry’s sentence is appropriate in light of the nature of the crime and his character.

Lacie K. Hall v. State of Indiana (mem. dec.)
02A03-1607-CR-1608
Criminal. Affirms Lacie Hall’s sentence to an aggregate of four years for her convictions of Level 5 felony battery and Class A misdemeanor invasion of privacy. The trial court did not err in not considering certain mitigating factors. Finds Hall’s sentence is not inappropriate in light of the nature of the offense and her character.
 

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