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Opinions May 15, 2014

May 15, 2014
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The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Hoosier Roll Shop Services, LLC v. Indiana Department of State Revenue
49T10-1104-TA-29
Tax. Grants summary judgment in favor of Hoosier Roll and against the Department of State Revenue. Finds Hoosier Roll produces other tangible personal property when it grinds and calibrates its customers’ work rolls.

Indiana Court of Appeals
Riviera Plaza Investments, LLC and Haresh Shah v. Wells Fargo Bank, N.A.
02A03-1308-MF-323
Mortgage foreclosure.  Affirms summary judgment in favor of Wells Fargo with regard to Riviera and enters judgment in favor of Wells Fargo and against Shah in the ongoing collection and foreclosure proceedings against Riviera and Shah. The trial court properly granted Wells Fargo’s motion for summary judgment against Riviera and its determination that Shah was liable under the terms of the guaranty is not clearly erroneous.

J.H. v. J.K. (NFP)
1A03-1311-JP-459
Juvenile. Affirms order that father pay $70 per month toward the college expenses of his 19-year-old daughter.

Rayterrion Wheeler v. State of Indiana (NFP)
71A03-1310-CR-391
Criminal. Affirms murder conviction.

Rick Delks v. State of Indiana (NFP)
84A01-1309-PC-416
Post conviction. Affirms denial of petition for post-conviction relief.

In re the Paternity of D.M.Y.: M.S.R. v. B.Y. (NFP)
34A04-1310-JP-504
Juvenile. Affirms the determination of Michael S. Robinson’s child support arrearage.

Jason Keel v. April Najdowski (NFP)
29A02-1305-DR-463
Domestic relation. Affirms denial of Keel’s petition for reinstatement of his parenting time.

Thomas M. Slaats v. Sally E. Slaats n/k/a Sally E. Jaggers-Weber (NFP)
87A01-1311-DR-503
Domestic relation. Affirms modification of father’s child support obligation.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Thursday. 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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