Opinions May 29, 2013

May 29, 2013
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Indiana Court of Appeals
Jill Finfrock a/k/a Jill Bastone v. Mark Finfrock
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

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
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)
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)
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)
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)
Civil plenary. Affirms dismissal of Davis’ complaints for judicial review.

Leonard F. Williams v. State of Indiana (NFP)
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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. 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.