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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. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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