Court opinions

ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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7th Circuit: Plea agreement not breached by government

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.
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Man has to pay back money despite court errors

March 9, 2016
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
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COA denies expungement after man admitted to committing crime

March 9, 2016
Scott Roberts
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
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7th Circuit: cousins conspired to sell heroin; another gets new trial

March 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
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Judge’s sentencing process does not violate due process

March 9, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
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Man can’t appeal piracy conviction

March 4, 2016
Scott Roberts
A man who pleaded guilty to piracy for his role in boarding a ship off the coast of Somalia in 2009 was denied a writ of habeas corpus because he waived that right when he pleaded to his crime.
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7th Circuit rejects group's I-69 challenges

March 4, 2016
Scott Olson
The 7th Circuit Court of Appeals affirmed a federal judge’s ruling granting a motion to dismiss some charges and grant summary judgment on others to the United States Department of Transportation after a group opposing I-69 construction in southern Indiana, Citizens for Appropriate Rural Roads, filed a lawsuit.
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Supreme Court upholds attempted obstruction of justice charge

March 3, 2016
Scott Roberts
The Indiana Supreme Court said it didn’t matter whether the statements made by a defendant in a letter he wrote to the mother of a child victim he molested were true, the man still was deserving of the attempted obstruction of justice conviction.
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COA: man not entitled to relief under firearms statute

March 3, 2016
Scott Roberts
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
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Supreme Court says statute of repose does not apply in prolonged asbestos cases

March 3, 2016
Scott Roberts
The Indiana Supreme Court declared in a split decision Wednesday that the Indiana Product Liability Statute, and specifically its 10-year statute of repose, does not apply to cases where the plaintiffs have had protracted exposure to inherently dangerous foreign substances.
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Justices: State RICO law can apply to street-crimes

March 2, 2016
Dave Stafford
The Indiana Supreme Court ruled Wednesday that street-level crimes may be prosecuted under the state’s version of the Racketeer Influenced and Corrupt Organizations Act if the crimes aren’t isolated, affirming an Anderson man’s conviction of corrupt business influence related to a string of robberies.
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Court denies summary judgment in excessive force case

March 2, 2016
Scott Roberts
The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.
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Supreme Court upholds man’s life sentence for murder

March 1, 2016
Scott Roberts
The Indiana Supreme Court upheld a man’s murder conviction and sentence of life without parole after it found comments the judge made to the jury did not deprive him of a fair trial.
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7th Circuit: Developer's appeal is frivolous

March 1, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
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COA says town didn't defame employee after audit

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision denying a town summary judgment after a former employee claimed defamatory damages when the town fired her after completing an audit.
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COA affirms man not entitled to overtime pay

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man was not entitled to overtime pay because his contract specified as such during his employment.
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COA: Man should have met with state public defender’s office

February 29, 2016
Scott Roberts
The Indiana Court of Appeals reversed the grant of the state’s motion for summary denial of man’s request for post-conviction relief because his case was not forwarded to the State Public Defender’s Office.
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Court says children were endangered by public intoxication

February 29, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.
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COA: Wood boiler cannot be used while court case is pending

February 25, 2016
Scott Roberts
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
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COA agrees state did not interfere with defense

February 25, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
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14th Amendment rights not violated by voice test

February 25, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a man’s 14th Amendment rights were not violated when he was asked to take a voice stress test as part of an administrative investigation into possible wrongdoing as a police officer.
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Court finds double jeopardy in stalking case

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.
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Appeals court reverses Indy recycling contract decision

February 24, 2016
Scott Roberts
The Indiana Court of Appeals has reversed summary judgment in favor of the city of Indianapolis and the Board of Public Works regarding a controversial contract with Covanta to create a trash and recycling center.
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Appeals court: man denied full credit time

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s sentence for theft and resisting law enforcement after ruling he should have been granted credit time.
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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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