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Opinions May 23, 2013

May 23, 2013
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7th Circuit Court of Appeals
Tommy L. Morris, personal representative of the estate of Thomas Lynn Morris v. Salvatore Nuzzo
12-3220
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Vacates the dismissal of the claims of Tommy Morris against Nuzzo. The District Court erred in its determination that Nuzzo was fraudulently joined. Remands with instructions the case be further remanded to the Trumbull County Common Pleas Court of Ohio.

Indiana Court of Appeals
United States Fidelity and Guaranty Company v. Warsaw Chemical Company, Inc.
49A04-1203-CT-97
Civil tort. Reverses finding that the 1992 release of USF&G from claims or demands related to remediation did not bar coverage under the excess policies and judgment entered in favor of Warsaw for $417,953. Because the release covered the excess policies, the trial court erred in denying USF&G’s summary judgment motion on this point. Remands for entry of judgment in favor of the insurer.

City of Carmel, through its Redevelopment Commission v. Crider & Crider, Inc., Hagerman Construction Corporation
02A04-1208-PL-416
Civil plenary. Reverses denial of the city of Carmel’s motion to transfer venue in the lawsuit filed by Crider & Crider Inc. Hamilton County is the appropriate venue by virtue of Trial Rule 21(B).

C.N. v. State of Indiana (NFP)

49A05-1210-JV-521
Juvenile. Affirms finding that C.N. committed what would be Class D felony auto theft if committed by an adult.

Roy Austin Smith v. State of Indiana (NFP)

49A02-1209-PC-783
Post conviction. Affirms denial of petition for post-conviction relief.

Ernest P. Glass v. State of Indiana (NFP)
54A04-1210-CR-552
Criminal. Affirms conviction and sentence for Class A misdemeanor battery and the revocation of Glass’ probation.

Kristol Toms v. State of Indiana (NFP)
49A05-1211-CR-585
Criminal. Affirms revocation of placement in community corrections for committing a new offense and violating terms of placement.

George A. Reese, Jr. v. State of Indiana (NFP)

31A05-1206-CR-309
Criminal. Affirms conviction of Class A felony child molesting.

Samuel Fancher v. State of Indiana (NFP)

49A02-1210-PC-790
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff (NFP)
45A03-1210-CT-437
Civil tort. Reverses order staying discovery but affirms order that Cozmanoff file an answer to the estate’s complaint. Remands for further proceedings.

Norman A. Ellis, Sr. v. Sikanyiso Ellis (NFP)

49A02-1201-DR-62
Domestic relation. Affirms order dissolving the parties’ marriage.

Charles Kootz v. State of Indiana (NFP)
49A02-1209-PC-721
Post conviction. Affirms denial of petition for post-conviction relief.

Jose Perez v. State of Indiana (NFP)

49A05-1208-CR-418
Criminal. Affirms conviction of Class B felony robbery.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of P.M., A.T. & A.P., Minor Children, and their Mother, S.T,; S.T. v. Indiana Dept. of Child Services (NFP)
82A01-1212-JT-548
Juvenile. Reverses order terminating parental rights.

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

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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