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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
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.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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