Opinions June 12, 2014

June 12, 2014
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Indiana Court of Appeals
Gabriel McQuay v. State of Indiana
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
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
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)
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)
Juvenile. Affirms termination of parental rights.

Shelton B. Stephens v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and order Stephens serve the remainder of his suspended sentence.

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

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

Darris Blake Galloway v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony dealing in cocaine.

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

Franklin E. Logan v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class C felony burglary.

Krasimir Pavlov v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor criminal trespass.

Shawkan Darden v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

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

Kevin R. Simmons v. State of Indiana (NFP)
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)
Juvenile. Affirms termination of parental rights.

Tracy L. Oaks v. State of Indiana (NFP)
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)
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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...