ILNews

Opinions Dec. 22, 2011

December 22, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
10-3096
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.

Indiana Court of Appeals
Carl A. Staples v. State of Indiana
48A05-1106-CR-298
Criminal. Affirms trial court’s determination that Staples committed a crime of domestic violence and is now precluded from possessing a firearm in the future. It was reasonable to infer from the facts of the case that Staples and Tamica Burnett were, or had been, in a dating relationship.

James Lowery v. State of Indiana (NFP)
15A05-1106-CR-296
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.

Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
46A05-1101-PL-46
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.

Jeremy Dewayne Matheny v. State of Indiana (NFP)
87A05-1105-CR-260
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
71A05-1103-JT-213
Juvenile. Affirms involuntary termination of father’s parental rights.

Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
82A01-1103-PL-138
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.

Katie Herrera v. State of Indiana (NFP)
20A03-1106-CR-286
Criminal. Affirms revocation of probation.

Matthew P. Philbee v. State of Indiana (NFP)
02A05-1107-CR-340
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.

Stephen N. Kohlmeyer v. State of Indiana (NFP)
29A02-1105-CR-399
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.

Dewayne A. Dunn v. State of Indiana (NFP)
20A05-1103-CR-160
Criminal. Affirms conviction of murder.

Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
40A05-1012-PL-755
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.

George Parker v. State of Indiana (NFP)
49A04-1104-CR-181
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

R.S. v. State of Indiana (NFP)
49A05-1106-JV-309
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.

Roy N. Viverette, Jr. v. State of Indiana (NFP)
45A03-1105-CR-223
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Nathaniel Bobo v. State of Indiana (NFP)
45A03-1105-CR-224
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Curtis W. Birner v. State of Indiana (NFP)
52A02-1104-CR-462
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.

Valgene Royal v. State of Indiana (NFP)
64A04-1105-CR-283
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.

Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
72A01-1104-JT-249
Juvenile. Affirms termination of parental rights.

Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
93A02-1105-EX-431
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.

Shawn Thomas v. State of Indiana (NFP)
39A04-1105-CR-259
Criminal. Affirms denial of motion for withdrawal of guilty plea.

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

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT