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Opinions April 2, 2014

April 2, 2014
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Indiana Court of Appeals
David S. Healey v. State of Indiana (NFP)
33A01-1308-MI-368
Miscellaneous. Affirms the trial court’s order directing law enforcement and the Indiana Department of Correction to ensure that Healey’s information was no longer published on the Sex and Violent Offender Registry. Healey had appealed the order, arguing the trial court should have stated the 1995 amendment to the Sex and Violent Offender Registration Act was ex post facto punishment as applied to him and the trial court should have specifically noted any extraneous statements that it had made.

Sharico Blakely v. State of Indiana (NFP)
02A03-1308-PC-313
Post conviction. Affirms denial of Blakely’s petition for post-conviction relief.

Jaquari Daquion Dodd v. State of Indiana (NFP)
45A04-1309-CR-462
Criminal. Affirms 3 ½-year sentence for robbery, a Class C felony.

Tehlynn Trotter v. State of Indiana (NFP)
49A04-1308-CR-421
Criminal. Affirms conviction of Class A misdemeanor battery with bodily injury.

Lore Futrell v. KGRP, Inc. d/b/a The Kroger Co. (NFP)
49A02-1308-CT-702
Civil tort. Affirms summary judgment in favor of Kroger.

Christopher A. Fields v. State of Indiana (NFP)
66A04-1306-CR-314
Criminal. Affirms denial of Fields’ petition for writ of habeas corpus. Fields argued the trial court erred in calculating the class 1 credit time he earned while he was incarcerated for a parole violation. COA ruled Fields was not entitled to credit for the full 235 days he served because he had received a deprivation of 30 days credit time.

Darvelle White v. State of Indiana (NFP)
49A02-1307-CR-623
Criminal. Affirms White’s conviction of Class A misdemeanor operating a vehicle while intoxicated.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  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.

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