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Supreme Court denies transfer to four

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The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline, the court had not yet posted transfers since those from the week ending June 4.

The court denied transfer to the following cases:

James Henley v. State of Indiana, No. 49A02-0908-CR-711, a not-for-publication opinion that affirmed Henley’s conviction of intimidation and sentence, which was enhanced by a habitual offender finding.

David Burks-Bey v. State of Indiana, No. 49A02-0903-PC-231, a not-for-publication opinion that affirmed a denial of motion to correct an erroneous sentence.

Gideon Samid v. Virginia Spencer, No. 06A01-0901-CV-45, a not-for-publication opinion that affirmed the trial court’s denial of Samid’s motion to correct error and remanded for determination of Spencer’s appellate attorneys’ fees in a case involving a protective order.

Robert L. Scott v. State of Indiana, No. 79A05-0812-CR-746, a for-publication case that considered Scott’s convictions of two counts of Class B felony possession of a firearm by a serious violent felon; one count of Class C felony battery with a deadly weapon; one count of Class D felony of pointing a firearm; and one count of Class A misdemeanor resisting law enforcement. In this case, the Court of Appeals affirmed the trial court’s handling of the case regarding its discretion in admitting evidence obtained from Scott’s residence and in admitting certain evidence in its determination that Scott was a serious violent felon. But the Court of Appeals reversed that decision regarding the trial court’s refusal to give a tendered instruction as to whether a gun in question was loaded.
 

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  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

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