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Opinions Dec. 13, 2013

December 13, 2013
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Indiana Court of Appeals
John Everitt Dickey v. State of Indiana
10A01-1212-CR-587
Criminal. Affirms conviction of two counts of Class A child molesting, rejecting Dickey’s argument that testimony about his physical abuse of the victim and her mother was improperly admitted. The court held that Dickey failed to preserve the argument for appeal because, while his attorney objected to a line of questioning about when Dickey’s relationship with the victim’s mother began to change, a continuing objection was not raised.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
Demetrius Walker v. State of Indiana
49S02-1312-CR-804
Criminal. Affirms Walker’s conviction for resisting law enforcement as a Class A misdemeanor. Although he did not physically touch a police officer, Walker ignored orders to drop to the ground and instead moved toward the officer in an aggressive manner with his fist clenched. The Supreme Court found the totality of Walker’s conduct was sufficient to show an active threat of strength, violence or power.


7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
Kenny A. Jones, Sr. v. City of Elkhart, Indiana, et al.
12-3912
Criminal. Affirms summary judgment in favor of City of Elkhart and other defendants in a suit alleging a traffic stop and drunken-driving arrest were violations of the plaintiff’s Fourth and Fourteenth Amendment rights. Summary judgment was permissible because the record showed ample probable cause for police to stop Jones, who later tested above the legal blood alcohol limit and was charged with operating a vehicle while intoxicated.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to 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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