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Opinions Feb. 14, 2014

February 14, 2014
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Indiana Court of Appeals
Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education
49A05-1308-PL-386
Civil plenary. Reverses dismissal of Teaching Our Posterity Success’ petition for judicial review challenging a decision by the Department of Education and State Board of Education to remove TOPS from its list of approved supplemental educational services providers. Remands to the DOE for the entry of statutorily mandated findings and conclusions to accompany its final order regarding TOPS.

Michael D. English v. State of Indiana (NFP)
45A04-1306-CR-322
Criminal. Affirms sentence for Class D felony trespass and Class A misdemeanor possession of marijuana.

Joseph Curnutt v. State of Indiana (NFP)
33A01-1304-CR-173
Criminal. Affirms convictions and sentence for Class B felony battery, Class D felony battery and admission to habitual offender status.

Baldev R. Saini v. Review Board of the Indiana Department of Workforce Development and Integrity Staffing Solutions I (NFP)
93A02-1308-EX-723
Agency action. Affirms decision that Saini is ineligible for unemployment benefits.

Donald W. Esco v. State of Indiana (NFP)
45A03-1304-CR-138
Criminal. Affirms denial of motion to suppress.

Andrew Wallace v. State of Indiana (NFP)
49A04-1306-CR-304
Criminal. Affirms convictions of Class D felony domestic battery, two counts of Class D felony battery on a child with injury, and status as a habitual offender, but reverses the sentence as it violates I.C. 35-50-1-2(c). Remands for resentencing consistent with the opinion.

David Lewicki v. State of Indiana (NFP)
48A02-1305-CR-426
Criminal. Affirms sentence for Class A felony robbery, Class B felony criminal confinement, Class C felony battery and for being a habitual offender.

Thomas W. Demeester v. Rebecca Demeester (NFP)
71A05-1305-DR-228
Domestic relation. Affirms determination husband dissipated marital assets so as to justify a deviation from the presumptive equal division of marital property. Reverses portion of the order requiring husband to pay 93 percent of the child’s primary and educational expenses and remands with instructions to reconsider the parties’ responsibilities for the educational expenses or to clarify the basis for its decision in that regard.

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