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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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