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Opinions April 25, 2012

April 25, 2013
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7th Circuit Court of Appeals
Emilio Martino v. Western & Southern Financial Group
12-1855
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Western & Southern Financial Group on Martino’s lawsuit for religious discrimination and defamation. Martino’s evidence neither calls into doubt W&S’s explanation for his discharge – that he did not provide documents verifying his eligibility for employment in the U.S. – nor establishes a prima facie case of defamation.

Indiana Court of Appeals
Martin Meehan v. State of Indiana
71A04-1209-CR-453
Criminal. Reverses Class C felony burglary conviction and resulting habitual offender enhancement because there is no evidence that would support an inference that Meehan’s DNA was found on a glove because he handled it during the burglary, as opposed to some other time.

James Edwin Goris v. State of Indiana (NFP)

87A01-1209-CR-442
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle with an alcohol concentration equivalence between 0.08 and 0.15, and Class C infraction failure to obey a stop sign at a through highway.

Walter Fisk v. State of Indiana (NFP)
49A02-1208-CR-646
Criminal. Affirms convictions of Class A misdemeanor battery and Class B misdemeanor unauthorized entry of a motorized vehicle.

Antonio A. Burgos, Sr. v. State of Indiana (NFP)
02A04-1209-CR-461
Criminal. Affirms conviction of Class D felony possession of marijuana.

Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1209-PC-736
Post conviction. Affirms denial of petition for post-conviction relief.

Jessica and Gerson Urbina v. Tina Klinkose-Kyler, Laronda Southworth and A Bond of Life Adoptions, LLC (NFP)

06A01-1210-CT-464
Civil tort. Reverses dismissal of the Urbinas’ lawsuit against ABLA for damages in a failed adoption process. Remands for reinstatement of the complaint.

Richard J. Bond v. Knox County Drainage Board and Dick Vermillion, As Knox County Surveyor (NFP)
42A01-1209-PL-422
Civil plenary. Affirms dismissal of Bond’s petition for judicial review for failure to state a claim.

Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Grants rehearing to address an issue raised in Varo’s appeal on a jury instruction on criminal gang activity, but that the error, if any, was waived. Reaffirms original decision.

E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Grants state’s petition for rehearing, vacates the portion of opinion denying a hearing on restitution and remands for a new hearing on restitution.

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

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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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