ILNews

Opinions May 29, 2013

May 29, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Jill Finfrock a/k/a Jill Bastone v. Mark Finfrock
64A05-1209-DR-489
Domestic relation. Reverses award of attorney fees to Mark Finfrock. The award was based on perceived violations of the Fair Debt Collection Practices Act, which is inapplicable because Finfrock’s arrearage of child support is not considered “debt” under the Act. The trial court did not abuse its discretion by declining Jill Bastone’s request to enter a qualified domestic relations order to attach to the entirety of her ex-husband’s retirement account. Remands for further proceedings.

Glenn Patrick Bradford v. State of Indiana

82A01-1203-PC-129
Post conviction. Affirms denial of petition for post-conviction relief. Bradford’s evidence that he claimed was newly discovered did not require a new trial. The court did not err in denying his claims of ineffective assistance of trial or appellate counsel.

Fishers Adolescent Catholic Enrichment Society, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater
93A02-1202-EX-145
Agency action. Affirms administrative law judge’s finding that Alyssa Bridgewater, who has dietary restrictions, was reasonably accommodated by FACES when it suggested she bring a meal to an event; and that there is sufficient evidence to support the finding that FACES engaged in unlawful retaliation by expelling the Bridgewaters. Affirms the $2,500 granted to the Bridgewaters by the Indiana Civil Rights Commission for the retaliatory expulsion from the religious homeschooling organization. Reverses order that FACES post the ALJ’s decision on all websites on which they have communicated information regarding this case. Judge Bailey concurs in result.

Jesse Brown v. State of Indiana Department of Child Services (NFP)
41A01-1209-PL-404
Civil plenary. Reverses denial of DCS’ motion to dismiss Brown’s petition for judicial review and order that directed the agency to reimburse Brown $1,200 for the cost of preparing an agency record.

In the Matter of S.D.; J.B. v. The Indiana Department of Child Services (NFP)
49A05-1209-JC-488
Juvenile. Affirms determination S.D. is a child in need of services and the disposition ordered by the court.

B.B. v. State of Indiana (NFP)
49A02-1210-JV-852
Juvenile. Affirms adjudication that B.B. committed what would be Class B misdemeanor disorderly conduct if committed by an adult.

Philip R. Davis v. City of Fort Wayne (NFP)
02A03-1209-PL-385
Civil plenary. Affirms dismissal of Davis’ complaints for judicial review.

Leonard F. Williams v. State of Indiana (NFP)
43A04-1206-PC-322
Post conviction. Reverses the post-conviction court’s judgment against Williams on his claim that his guilty plea was involuntary and remands for the post-conviction court to hold an evidentiary hearing on the issue. Affirms the post-conviction denial of Williams’ petition on his claims of ineffective assistance of trial and appellate counsel.

The Indiana Supreme Court and Tax Court did not post any 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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT