ILNews

Opinions Oct. 20, 2010

October 20, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.B. v. E.B.
34A04-1002-DR-110
Domestic relation. Reverses trial court decision to exclude son’s counseling records at a custody modification hearing. The instant case is a proceeding within the purview of Indiana Code Section 31-32-11-1 and the counselor/client privilege does not apply. Remands for further proceedings.  

Charles R. Wyatt, et al. v. Thomas E. Wheeler, et al.
49A02-1006-PL-636
Civil plenary. Affirms denial of Wyatt’s petition for review of final agency action by the Indiana Election Commission and petition for preliminary injunctive and declarative relief. Affirms denial of Ellspermann’s request for attorney’s fees. The irregularity in Ellspermann’s declaration and any misconstruction of Indiana Code Section 3-8-2-7 by the IEC or the Marion Superior Court cannot justify reversal of the trial court’s denial of a preliminary injunction because it would contradict the will of the electorate and disenfranchise voters.

Keesha Johnson v. State of Indiana (NFP)
49A04-1002-CR-98
Criminal. Reverses conviction of possession of marijuana as a Class D felony.

Howard Smallwood v. State of Indiana (NFP)
71A05-1001-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Mark A. Rode v. State of Indiana (NFP)
91A04-1005-CR-263
Criminal. Affirms conviction of Class D felony theft.

Bruce Fivecoat v. State of Indiana (NFP)
03A01-1003-CR-132
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class B felony criminal confinement.

Adoption of K.M.A.; R.R. v. Adoptive Parents (NFP)
29A02-1003-AD-499
Adoption. Affirms adoption order granted in favor of the adoptive parents.

Antrooine A. Manning v. State of Indiana (NFP)
45A03-1002-CR-65
Criminal. Affirms convictions of and sentence for Class B felony robbery, Class D felony resisting law enforcement, and adjudication as a habitual offender.

East Valparaiso LLC v. Physicians for Women, et al. (NFP)
64A05-1004-PL-222
Civil plenary. Affirms denial of East Valparaiso’s request for injunctive relief in a dispute over a lease agreement. Remands for further proceedings consistent with the opinion regarding the parties’ remaining claims and counterclaims.

Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)
48A02-1003-JT-317
Juvenile. Affirms termination of parental rights.

Marlet D. Turpin v. State of Indiana (NFP)
49A02-1003-CR-285
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.

Indiana Tax Court had posted no opinions at 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