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Justices accept case that divided COA on state's abilty to appeal

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The Indiana Supreme Court has taken a case in which the state appealed the grant of a motion to correct error. A split Indiana Court of Appeals concluded that the state could only appeal a denial of a motion to correct error.

Elvis Holtsclaw moved to suppress the chemical tests that supported his drunk-driving charges. The trial court granted the motion; the state then filed a motion to correct error. The trial court denied that motion.

Judges L. Mark Bailey and Carr Darden relied on the language of Indiana Code 35-38-4-2 to dismiss the state’s appeal. Judge John Baker dissented, writing that nothing in that statute stated or implied that Appellate Rule 9 shouldn’t apply to appeals initiated by the state.

The case is State of Indiana v. Elvis Holtsclaw, No. 49S02-1205-CR-264.

The justices also denied transfer to 15 cases, including Augustus Mendenhall v. State of Indiana, No. 29A02-1104-CR-353, involving the man who attacked Rep. Ed DeLaney, R-Indianapolis, in 2009. The judges found Augustus Mendenhall’s Class A felony conviction of robbery resulting in serious bodily injury and Class B felony conviction of aggravated battery violate Indiana’s prohibition on double jeopardy. They ordered the robbery conviction be reduced to a Class C felony.


The Supreme Court also declined to take Bei Bei Shuai v. State of Indiana, No. 49A02-1106-CR-486, in which Bei Bei Shuai appealed her murder and attempted feticide charges.

 

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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. 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?

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