James O. Young v. State of Indiana - 10/22/12

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Monday  October 22, 2012 
10:30 AM  EST

10:30 a.m. 20A04-1112-CR-699. Allen Superior Court Courtroom 1. James Young appeals his conviction for Class D felony domestic battery and Class D felony strangulation following a jury trial.  Young’s wife, the victim, did not testify at trial, but two firefighters and a police officer who had spoken with her at or near the time of the incidents involved were allowed to testify concerning the substance of the statements she made to them.
Young presents the following issues for review on appeal: (1) whether the firefighters’ and police officer’s testimony regarding the victim’s statement to them was a violation of the Confrontation Clause within the Sixth Amendment of the Constitution of the United States or permissible questioning during an ongoing emergency; (2) whether the trial court abused its discretion in concluding that the victim’s statement to the police officer, more than 45 minutes after the incidents, was an excited utterance; and (3) whether there was sufficient evidence to prove that Young committed the offenses in a child’s physical presence so as to elevate the domestic battery offense to a Class D felony.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

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  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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