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Opinions Oct. 25, 2010

October 25, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Reverses denial of Medicaid benefits. The administrative law judge’s decision is defective for failing to consider the totality of the evidence provided and in its presentation of and engagement with the findings of basic fact when applying the law to reach a finding of ultimate fact that Pack’s health conditions didn’t substantially impair her ability to work. Remands to the ALJ for further proceedings.

Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Affirms order Thomas serve the remainder of his sentence incarcerated after violating his probation.

Willie Ferrell v. State of Indiana (NFP)
49A02-1004-PC-514
Post conviction. Affirms denial of petition for post-conviction relief.

Parr Richey Obremskey & Morton and Kent M. Frandsen v. Biomet, Inc. (NFP)
43A03-1002-CT-70
Civil tort. Affirms entry of partial summary judgment on duty and breach on Biomet’s complaint for legal malpractice and remands for a trial concerning proximate cause and damages.

Duward T. Roby v. State of Indiana (NFP)
10A01-0910-CR-492
Criminal. Remands with orders to vacate three of Roby’s Class B felony robbery convictions and sentences, and to revise his sentence so the habitual offender finding enhances the sentence for his remaining Class B felony robbery conviction.

Runningman, LLC, v. The Nagsak Company of West Lafayette, Inc., Joshua Nagy and Robert Sak (NFP)
18A02-1003-PL-383
Civil plenary. Affirms dismissal of Runningman’s complaint against The Nagsak Company of West Lafayette, Nagy, and Sak for breach of contract, fraudulent inducement, and violation of the Indiana Franchise Disclosure Act.

David L. Lind and Edward D. Deters v. New Albany Floyd County Dept. of Parks and Recreation (NFP)
22A01-1002-PL-94
Civil plenary. Affirms the use of eminent domain for some of Lind and Deters’ lands for a public park.

Halifax Financial Group, LP v. Capital Imp. Bd. of Mgrs. of Marion Co. and Marion Co. Convention and Recreational Facilities Authority (NFP)
49A02-0912-CV-1291
Civil plenary. Affirms summary judgment for the Capital Improvement Board and the Marion County Convention and Recreational Facilities Authority in Halifax’s suit to recover possession of real estate, removing them from the land, and order the removal of a parking garage built on the land.

S.H.P. v. S.P. (NFP)
49A02-1005-DR-680
Domestic relation. Affirms grant of custody to father S.P.

Rodrigo Medrano, Jr., v. State of Indiana (NFP)
79A05-0912-CR-686
Criminal. Affirms convictions of carrying a handgun while having a prior felony conviction as a Class C felony and possession of marijuana while having a prior conviction as a Class D felony.

The Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 6 transfers and denied 26 for the week ending Oct. 22.
 

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  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.

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