ILNews

Opinions Feb. 1, 2013

February 1, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Eugene Devbrow v. Dr. Eke Kalu, et al.
12-2467
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses judgment for the defendants on prisoner Devbrow’s suit that two prison doctors and a prison nurse were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The statute of limitations for a Section 1983 deliberate-indifference claim brought to redress a medical injury doesn’t begin to run until the plaintiff knows of his injury and its cause, so his suit is timely.

Indiana Court of Appeals
Travis Koontz v. State of Indiana
29A05-1202-CR-77
Criminal. Grants rehearing to correct a misstatement of the law, but affirms original opinion that held Koontz waived any claim of an illegal sentence by entering into a plea agreement that reduced his penal exposure. Judge Baker would reverse as previously stated in his dissenting opinion.

Judy Canada v. Countrywide Home Loans, Inc., Bank of America, N.A., BAC GP, LLC, and BAC Home Loans Services, LP (NFP)
49A05-1203-PL-154
Civil plenary. Affirms grant of a motion to reconsider filed by Bank of America in which the trial court reaffirmed its dismissal of Count I of Canada’s class action brought as a Complaint For Fraud on the court and dismissed Count II, which contained an allegation of violations of the Indiana Racketeer Influenced and Corrupt Organizations Act.

Alvino Pizano v. IDOC Commissioner Bruce Lemmons, IDOC Parole Chairman Gregory Server, CIF Superintendent Wendy Knight (NFP)
48A02-1209-MI-770
Miscellaneous. Affirms dismissal of lawsuit.

Term. of the Parent-Child Rel. of: Se.L.; N.L.; G.L.; J.L.; Sh.L.; L.L.; & I.L. (Minor Children), and D.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A02-1207-JT-537
Juvenile. Affirms termination of parental rights.

Christopher Hanneman v. State of Indiana (NFP)
67A05-1207-CR-344
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Theresa Pressinell v. State of Indiana (NFP)

20A03-1206-CR-267
Criminal. Affirms sentence following guilty plea to two counts of dealing in methamphetamine as Class A felonies.

Larry Johnson v. State of Indiana (NFP)
82A01-1111-CR-602
Criminal. Affirms denial of motion to correct error.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  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.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT