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Opinions Feb. 23, 2012

February 23, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

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

Indiana Court of Appeals

Eriberto Quiroz v. State of Indiana
49A02-1107-CR-577
Criminal. Reverses Quiroz’s conviction of Class C felony child molesting because that conviction along with a Class A felony child molesting conviction constitutes double jeopardy as the same evidence supports both convictions. Remands for the trial court to vacate the Class C felony conviction. The trial court did not commit fundamental error in including in the jury instructions a copy of the charging information that included the counts against Quiroz that had previously been dismissed.

Bernard Short v. State of Indiana
49A02-1105-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated. The trial court did not abuse its discretion by admitting the results of the certified chemical breath test nor did it err by rejecting Short’s proposed jury instruction.

Keith Woodson v. State of Indiana
49A02-1108-PC-768
Post conviction. Affirms denial of petition for post-conviction relief. The post-conviction court was not clearly erroneous in finding that attorney Harper’s cross-examination of Owens and Johnson was not ineffective and that Harper was not ineffective for not attempting to procure the services of an eyewitness identification expert for Woodson’s second trial.

In the Matter of the Guardianship of John S. Zakrowski; Marsha L. Cummins v. Thomas L. Zakrowski (NFP)
71A03-1105-GU-259
Guardianship. Affirms denial of Cummins’ application for permission to participate in the guardianship proceedings.

S.D. v. B.D. (NFP)
41A01-1104-DR-170
Domestic relation. Affirms granting primary physical custody to mother. Reverses finding of contempt for father’s failure to pay for day care.

Sandra Rivas v. State of Indiana (NFP)
49A02-1106-CR-544
Criminal. Affirms conviction of Class D felony theft.

Jeffrey Roser v. Jennifer Roser (NFP)
38A02-1106-DR-502
Domestic relation. Affirms decision to lower father’s obligation to the minimum support obligation and remands for the trial court to revise the obligation to $18.

Daniel O'Reilly v. Ruth Doherty (NFP)
29A04-1108-DR-399
Domestic relation. Affirms order husband pay $30,000 of wife’s attorney fees.

Charles Smith v. State of Indiana (NFP)
58A01-1104-CR-191
Criminal. Affirms 20-year sentence for Class B felony dealing in a schedule II controlled substance.

Kenneth Willis Gibbs-El v. Arthur Hegewald (NFP)
49A02-1107-CT-747
Civil tort. Affirms dismissal of Gibbs-El’s complaint against a former employee of the Indiana Department of Correction.

Hawkins Auto Stores, Inc. v. Brent F. Hehr (NFP)
89A01-1110-SC-461
Small claim. Affirms order that Hawkins Auto Stores pay Hehr $3,395 for repayment of funds paid by Hehr for services he never received.

Joseph Apongule v. State of Indiana (NFP)
29A04-1109-CR-543
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
 

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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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