ILNews

Opinions June 12, 2014

June 12, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT