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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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