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Opinions Dec. 7, 2011

December 7, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
In the Matter of the Estate of Melissa K. Patrick: Yvonne Griffith v. Jason Patrick
17A03-1104-ES-190
Estate, supervised. Affirms denial of the estate’s motion to dismiss a petition for survivor’s allowance filed by Melissa Patrick’s surviving spouse, Jason. The trial court did not commit clear error in determining that Ind. Code 29-1-2-14 did not divest Patrick of a survivor’s share of the estate with his late wife.

Ivelisse Martinez v. Jung I. Park, M.D., and St. Margaret Mercy Healthcare Centers, Inc.
45A05-1012-CT-799
Civil tort. Affirms grant of summary judgment to Dr. Park on Martinez’s claim for medical negligence and to St. Margaret Mercy on Martinez’s claim for negligent credentialing. Martinez failed to come forth with any evidence to rebut Park’s expert opinion that his medical treatment of Martinez met the applicable standard of care, and without an underlying breach of the standard of care by Park proximately causing Martinez’s injuries, the healthcare center can’t be liable for the negligent credentialing of him.

A.H. v. State of Indiana (NFP)
49A05-1104-JV-208
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be Class A misdemeanor possession of paraphernalia if committed by an adult.

Timothy E. Strowmatt v. Kim Rodriguez (NFP)
17A03-1105-DR-218
Domestic relation. Affirms denial of Strowmatt’s motion for relief from judgment.

Joseph D. Hillenburg v. State of Indiana (NFP)
47A01-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony manslaughter and Class C felony battery by means of a deadly weapon.

Paul Hinton v. State of Indiana (NFP)
34A02-1104-CR-322
Criminal. Affirms conviction of Class D felony possession of cocaine.

Nathaniel Jeffers v. State of Indiana (NFP)
49A04-1104-CR-165
Criminal. Affirms convictions of and sentences for six counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class D felony battery.

Sybron Pinkston v. State of Indiana (NFP)
02A03-1104-CR-167
Criminal. Affirms convictions of Class D felony battery and Class D felony resisting law enforcement.

Jesus D. Zuniga v. State of Indiana (NFP)
82A01-1103-CR-131
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

John F. Otto, Jr. v. Scott Douglas Woodhams (NFP)
02A03-1105-SC-200
Small claim. Affirms denial of Otto’s motion to correct error on the judgment on his claim against his tenant, Woodhams.

Keyone Johnson v. State of Indiana (NFP)
49A02-1102-PC-274
Post conviction. Affirms denial of petitions for post-conviction relief.

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

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  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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