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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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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