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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. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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