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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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