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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. "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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