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Opinions Oct. 4, 2010

October 4, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Donald L. Pruitt v. State of Indiana
55A01-0912-CR-597
Criminal. Affirms denial of Pruitt’s motion to suppress, who was charged with operating a motor vehicle after driving privileges had been forfeited for life as a Class C felony. The lack of limiting language in Indiana Code Section 9-30-10-17 supports that Indiana Code sections 9-21-18-1 to 9-21-18-15 do not bar law enforcement officers from investigating violations in private parking lots in the absence of a contractual agreement with the property owner. Concludes the police officer had reasonable suspicion to stop Pruitt for driving without headlights.

SPCP Group, LLC v. Dolson, Inc., et al.
19A01-0912-CV-604
Civil. Affirms denial of SPCP Group’s motion for partial summary judgment and grant of Holland’s cross-motion for summary judgment on SPCP’s complaint seeking foreclosure of a mortgage on Holland’s real property. The undisputed facts establish that the mortgage SPCP seeks to foreclose inaccurately and inadequately describes the debt it purports to secure, and as a result, SPCP cannot establish an essential element of its claim.

Andy Alafogianis, et al. v. Joseph Guffey, et al. (NFP)
33A01-1003-PL-98
Civil plenary. Affirms judgment in favor of Guffey in his suit for the balances owed on each account held by Alafogianis for work Guffey’s companies completed in Alafogianis’ restaurants.

T.J. and Ginger Richard v. Janet Egolf (NFP)
25A04-1001-SC-28
Small claims. Affirms judgment in favor of Eglof on the Richards’ claim of being sold an allegedly lame horse, and in favor of Eglof in her counterclaim regarding costs to care for the horse when the Richards left it with her.

Qwinces LLC, et al. v. Viking Hardwoods, Inc., et al. (NFP)
17A03-1002-CC-102
Civil collections. Reverses default judgment and damages award in favor of Viking Hardwoods in their suit alleging breaches of contract against Quinces and remands for further proceedings.
 
R.R. v. Review Board (NFP)
93A02-0912-EX-1227
Civil. Affirms denial of unemployment compensation benefits.

Bettye Alvis v. Professional Account Service, Inc. (NFP)
84A04-1004-PL-253
Civil plenary. Reverses order awarding Alvis $500 in attorney’s fees and no costs following summary judgment in her favor on her wage payment claim. Remands with instructions to award Alvis $6,460 in attorney fees and $364.17 in costs.

Adoption of W.G.; D.M. and K.M. v. T.G. (NFP)
67A05-1001-AD-105
Adoption. Reverses order granting father T.G.’s motion to set aside the grandparents’ adoption of W.G. based on fraud. Remands with instructions to reinstate the adoption decree.

Jamie Keys v. State of Indiana (NFP)
49A02-1002-CR-101
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Curtis D. Holiday v. State of Indiana (NFP)
34A02-1005-CR-603
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Wayne Jewell v. State of Indiana (NFP)
34A05-1002-PC-115
Post conviction. Affirms denial of petition for post-conviction relief.

Wayne Miller v. Jennifer Shue (NFP)
34A04-1002-SC-105
Small claims. Affirms small-claims judgment in favor of Shue for $3,600 and remands for the court to determine an amount of appellate attorney’s fees and costs to which Shue is entitled.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied transfer to 27 cases for the week ending Sept. 30.
 

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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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