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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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