ILNews

Opinions July 17, 2014

July 17, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
13-3184
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms revocation of Mosley’s supervised release after judge found Mosley had committed the alleged violations, which included dealing cocaine, and sentence to 21 months in prison. The District Court erred in admitting a hearsay statement without finding there was “good cause,” but the error was harmless.

Thursday’s opinions
Indiana Supreme Court

Gayle Fischer v. Michael and Noel Heymann
49S02-1309-PL-620
Civil plenary. Affirms the award of damages and attorney fees to Fischer after the Heymanns broke their contract to purchase her condo. Affirms the trial court’s refusal to find that Fischer’s only reasonable option to mitigate her damages was to respond to the Heymanns’ demands. The trial court did not err in finding that Fischer should have mitigated her damages by selling the condo for $240,000 in February 2007.

Indiana Court of Appeals
Todd DeWayne Kelly v. State of Indiana
41A01-1311-CR-519
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy. The state presented clear evidence that Kelly indirectly communicated with his ex-wife, who had a protective order against Kelly, when he sent a text to their daughter, who showed it to her mother.

Clyde Davis v. State of Indiana
49A02-1311-CR-938
Criminal. Reverses conviction of Class B misdemeanor public intoxication. There is no evidence Davis was in danger – past or present – at the time of his arrest and the state’s argument that he was in danger of being struck by a car was speculative.

Moran Electric Service, Inc., and Threaded Rod Company, Inc. v. Commissioner, Indiana Department of Environmental Management, City of Indianapolis, Ertel Manufacturing Corp.
49A02-1305-MI-432
Miscellaneous/Rehearing. Affirms original opinion in all respects. The original opinion did not misinterpret the trial court’s role in the environmental action involving Moran, Threaded Rod and Ertel with regard to disbursement of escrowed funds. IDEM cannot perform remedial actions and obtain damages from a party through an administrative order – it must go to court to obtain those.

Carlin Graffenread v. State of Indiana
49A05-1310-CR-499
Criminal. Affirms denial of motion to defer dealing in marijuana charge. The language of Indiana Code Section 35-48-4-12 is clear and unambiguous on its face and does not run afoul of double jeopardy or collateral estoppels protections.

Joseph M. Bell v. State of Indiana (NFP)
20A03-1311-CR-464
Criminal. Affirms conviction of Class A felony attempted dealing in methamphetamine.

Phyllis Roy v. Jerry Gidrewicz (NFP)
45A03-1306-PO-263
Protective order. Affirms trial court’s denial of Roy’s motion to correct error.

Kenneth Ferrell v. State of Indiana (NFP)
49A04-1311-CR-567
Criminal. Affirms conviction of Class D felony residential entry.

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