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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Friday:
7th Circuit Court of Appeals
United States of America v. Carlos Estrada
23-3370 & 23-3378
Criminal. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Jane Magnus-Stinson. Affirms Carlos Estrada’s prison sentence of 87 months after he pleaded guilty to one count of possessing with intent to distribute at least 100 grams of heroin. Finds the district court committed no procedural error in declining to grant Estrada a downward variance with respect to his criminal history category. Attorneys for appellant: Joseph Cleary, Jacob Leon. Attorneys for appellee: Samantha Spiro, Colin Clark.
Monday opinions
7th Circuit Court of Appeals
Erika Mabes and Brian Mabes, individually and on behalf of L.M., J.R.M., and J.A.M., minor children v. Shannon Thompson, et al.
24-1048 and 24-1082
Civil. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Reverses the district court’s denial of nine Indiana Department of Child Services employees and consultant doctor Shannon Thompson’s motions for summary judgment because it found that unresolved factual disputes precluded their requests for qualified immunity. Finds no evidence in the record (or identified in the Mabeses’ brief), that Thompson acted in a reckless or otherwise improper manner in providing her recommendation to DCS. Also finds that none of the nine DCS defendants violated the Mabeses’ clearly established rights, entitling them to qualified immunity across the board. Attorneys for appellant: Ryan Hurley, Stephanie Gutwein, Liam Williams, Addison Zielinski. Attorneys for appellees: Ronald Waicuskauski, Joseph Williams, Brad Catlin.
Indiana Court of Appeals
Santos Sotero Padilla v. State of Indiana
24A-CR-2101
Criminal. Reverses Santos Padilla’s convictions in Marion Superior Court of felony child molesting based on sexual intercourse and Level 1 felony child molesting based on “other sexual conduct.” Finds that even if the evidence is insufficient to prove both counts for the reasons argued by Padilla, the evidence is sufficient to prove the included offense of attempted child molesting on both counts. Remands with instructions for the trial court to enter judgment of conviction for Level 1 felony attempted child molesting on both counts and to resentence Padilla accordingly. Attorney for appellant: Christopher Taylor-Price. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General George Sherman.
Shelter Mutual Insurance Company v. State Farm Mutual Automobile Insurance Company
24A-PL-2863
Civil plenary. Affirms Bartholomew Superior Court Judge Jonathan Rohde’s entry of summary judgment in favor of State Farm Mutual Automobile Insurance Company on Shelter Mutual Insurance Company’s claim for reimbursement of monies Shelter advanced to its insured following a policy limit settlement offer made by State Farm. Finds Shelter has not met its burden of persuading the trial court erred in determining that it is not entitled to summary judgment on its reimbursement claim against State Farm pursuant to the doctrine of promissory estoppel. Attorneys for appellant: Douglas Hoffman, Larry Barnard. Attorneys for appellee: John Drummy, Crystal Rowe.
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