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Opinions Nov. 15, 2012

November 15, 2012
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7th Circuit Court of Appeals
The following Indiana opinion was issued after IL deadline Wednesday:
U.S. v. Christopher L. Laraneta
2:10-cr-00013-RL-PRC-1
Criminal. Affirms 30-year prison sentence for conviction of seven violations of federal child pornography laws, and affirms monetary damages for victims, but orders that one victim’s judgment be reduced by the amount she has received in restitution from other cases. The appellate court also vacated the restitution order, requiring first a determination of whether Laraneta uploaded victim images.

Indiana Court of Appeals
Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire and Marine Ins. Co., d/b/a Zurich; Travelers Ideminity Co. of America
02A03-1204-CT-170
Civil tort/insurance. Affirms in part and reverses in part the trial court’s grant of summary judgment in favor of Empire, holding that Indiana law rather than Georgia law should apply in the case, but determining that Empire’s uninsured/underinsured motorist coverage limit is still only $75,000, as the trial court ruled.

In the Matter of the Term. of the Parent-Child Rel. of A.P. & Au.P.; M.H. & T.P. v. The Indiana Dept. of Child Services
77A01-1202-JT-59
Juvenile/termination of parental rights. Affirms termination of parental rights, holding that the trial court’s findings support its conclusion that there was a reasonable probability that continuation of the parent-child relationship poses a threat to the children’s well being.

Derek Clanton v. State of Indiana
49A02-1203-CR-198
Criminal. Reverses the trial court denial of a motion to suppress evidence discovered by an off-duty officer during a stop and frisk. The court found although the officer was off duty, he was acting in accordance with his training and therefore was not entitled to continue the search after he determined the suspect was not carrying a weapon.   

Kurt E. Hinkle v. State of Indiana (NFP)
12A05-1204-CR-199
Criminal. Affirms conviction of two counts of Class B felony sexual misconduct with a minor.

Jeffery Evans v. State of Indiana (NFP)
49A05-1203-CR-115
Criminal. Affirms conviction of four counts of Class C felony child molesting.

Term. of the Parent-Child Rel. of: B.T. (Minor Child), and B.J.T. (Father) v. The Indiana Dept. of Child Services (NFP)
79A05-1107-JT-710
Juvenile/termination of parental rights. Affirms termination of parental rights.



 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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