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Opinions June 12, 2014

June 12, 2014
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Indiana Court of Appeals
Gabriel McQuay v. State of Indiana
49A02-1311-CR-954
Criminal. Affirms convictions of Class D felony criminal confinement and Class A misdemeanor battery. Under an objective analysis, the circumstances of the encounter as well as the statements and actions of R.S. and Officer Travis Williams indicate that the primary purpose of the interrogation was to enable police assistance to meet an ongoing emergency. As such, R.S.’s identification of herself and McQuay were not testimonial statements. The Confrontation Clause did not bar their admission at McQuay’s trial.

Lesley Farley Pitcavage v. Joel Michael Pitcavage
29A02-1307-DR-597
Domestic relation. Affirms in part, reverses in part and remands with instructions. Concludes that the trial court did not abuse its discretion in awarding custody of the child to Joel Pitcavage; in its valuation of the mortgage debt, engagement ring, and golf clubs, or in its division of debts and award of fees relating to home repairs, custody evaluations, tax return preparation, and car insurance premiums. The trial court abused its discretion in its valuation of Leslie Pitcavage’s 401(k) account.

Billy Young v. State of Indiana
49A02-1310-CR-868
Criminal. Reverses conviction of Class B felony attempted aggravated battery. The charging information did not give Young sufficient notice of the crime of which he was convicted.

Bradley S. Stock v. State of Indiana (NFP)
24A05-1308-CR-403
Criminal. Affirms convictions of Class C felony child molesting, Class C felony vicarious sexual gratification, Class D felony performing sexual conduct in the presence of a minor and Class D felony child solicitation.

In the Matter of the Termination of the Parent-Child Relationship of B.P.V. & B.L.V. (Minor Children) and H.P. (Mother) v. The Indiana Department of Child Services (NFP)
71A04-1310-JT-546
Juvenile. Affirms termination of parental rights.

Shelton B. Stephens v. State of Indiana (NFP)
02A03-1311-CR-439
Criminal. Affirms revocation of probation and order Stephens serve the remainder of his suspended sentence.

Tony Lamar Thompson v. State of Indiana (NFP)
48A05-1311-CR-546
Criminal. Affirms revocation of probation and order Thompson serve the entirety of his previously suspended sentence.

Nicholas M. Weatherford v. State of Indiana (NFP)
79A02-1309-CR-766
Criminal. Affirms Class D felony theft conviction and adjudication as a habitual offender.

Darris Blake Galloway v. State of Indiana (NFP)
45A05-1310-CR-503
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Vance Gene Bridgemon v. State of Indiana (NFP)
46A04-1310-CR-552
Criminal. Affirms denial of Ind. Trial Rule 60(B) motion for relief from robbery convictions.

Franklin E. Logan v. State of Indiana (NFP)
24A05-1310-CR-495
Criminal. Affirms conviction and sentence for Class C felony burglary.

Krasimir Pavlov v. State of Indiana (NFP)
02A03-1311-CR-443
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor criminal trespass.

Shawkan Darden v. State of Indiana (NFP)
49A02-1310-CR-892
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Nita Joyce Trott v. State of Indiana (NFP)
82A01-1311-CR-496
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class B misdemeanor reckless driving.

Kevin R. Simmons v. State of Indiana (NFP)
18A02-1309-CR-830
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

In the Matter of the Termination of Parent-Child Relationship of J.C.G. (Minor Child), and L.A.M. (Mother) v. The Indiana Department of Child Services (NFP)
02A03-1312-JT-466
Juvenile. Affirms termination of parental rights.

Tracy L. Oaks v. State of Indiana (NFP)
85A02-1312-CR-1057
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a Schedule I, II or III controlled substance.

In the Matter of the Termination of the Parent-Child Relationship of: G.M. (Minor Child), and R.M. (Mother) v. The Indiana Department of Child Services (NFP)
29A05-1310-JT-509
Juvenile. Affirms termination of mother’s parental rights.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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