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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT