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Opinions July 29, 2014

July 29, 2014
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Indiana Court of Appeals
Ryan E. Bean v. State of Indiana
91A02-1310-CR-912
Criminal. Reverses conviction of Class A felony child molesting. Finds Bean was denied a fair trial because of fundamental error. Testimony from the victim’s mother and an Indiana Department of Child Services investigator impermissibly vouched for the victim’s credibility and invaded the province of the jury to determine the validity of the witness’s statements. The prosecutor reinforced this vouching testimony in his closing arguments. Also, the prosecutor committed misconduct when he asked the county sheriff about the process for investigating child molesting allegations in general. The sheriff’s testimony left the jurors wondering what Bean told police and, therefore, penalized the defendant for invoking his right to counsel.

Richard Dodd v. State of Indiana (NFP)
71A03-1312-CR-475
Criminal. Affirms resentencing order of 55 years in prison for conviction of Class A felony attempted murder and class C felony burglary.

Martin's Markets, Inc., Dale Martin and Alisa Martin v. Coonie's Corner, LLC (NFP)
72A05-1401-MF-41
Mortgage foreclosure. Affirms trial court denial of Martin’s Markets’ motion to deem a judgment against them in favor of Coonie’s Corner discharged.

Charles Gaylor v. State of Indiana (NFP)
15A01-1312-CR-520
Criminal. Affirms sentence imposed by the trial court after Gaylor admitted violating terms of probation.

Jaime Miguel Cordero v. State of Indiana (NFP)
45A04-1401-CR-28
Criminal. Affirms 45-year aggregate sentence and convictions of Class A felony criminal deviate conduct and Class B felony burglary.

In Re: The Petition of John Oberleas for Issuance of Tax Deed, Tax Sale Certificates #801063, 801066, 801067, 801068, Parcel No. 006-00168-00; 006-01232-00; 006-01233-00; 006-01234-00; et al (NFP)
80A05-1402-MI-70
Miscellaneous. Affirms trial court’s denial of Rushmore Loan Management Services, LLC’s motion to set aside an order directing issuance of tax deeds and the tax sale of a property to which it had obtained an interest.

William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. On rehearing, reaffirms Hodapp’s conviction of Class B felony incest.

Mark Keaton v. Christine L. Zook (NFP)
53A01-1401-PL-38
Civil plenary. Affirms grant of summary judgment on favor of Christine Zook on Mark Keaton’s malicious prosecution and abuse of process claims.

Grover E. Lowe v. State of Indiana (NFP)
76A04-1311-CR-572
Criminal. Affirms conviction of Class B felony possession of methamphetamine.

John Hollins v. State of Indiana (NFP)
49A02-1308-PC-719
Post-conviction. Affirms denial of relief from Hollins’ 110-year aggregate sentence for convictions of three counts of Class A felony rape, one count of Class A felony criminal deviate conduct, one count of Class B felony criminal confinement and his adjudication as a habitual offender.

Joshua W. Doughty v. State of Indiana (NFP)
30A01-1311-CR-483
Criminal. Affirms 40-year executed sentence for conviction of Class A felony child molesting.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions 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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