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Appeals court reverses vacation of habitual traffic violator status

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A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.

The state appealed Marion Superior Judge Reuben Hill’s order that vacated Russell Oney’s guilty plea to the Class D felony charge on the grounds that the conviction had been reversed in post-conviction relief proceedings.

In State of Indiana v. Russell Oney 49A05-1204-CR-196, the appellate court agreed with the state’s argument that the court erred in vacating the plea.

Oney pleaded guilty to the HTV charge after he was stopped while driving during a 10-year suspension that had been the result of three drunken-driving convictions between 1986 and 1991. The suspension period set by the Bureau of Motor Vehicles began in February 1994.

In 2010, Oney was granted post-conviction relief from a 1989 drunken-driving conviction in Floyd County that expunged the offense from his record. He then asked the Marion County court to set aside his HTV conviction, which it did.

“The BMV’s determination in 1994 that Oney was an HTV was based on three predicate convictions and did not constitute manifest injustice. Nor did the BMV err, materially or procedurally, when it determined that Oney was an HTV in 1994. As such, when Oney operated a vehicle in 1999, despite his HTV status and resulting conviction, he was flaunting the law, even though one of the predicate convictions to his HTV status was later vacated,” Judge Edward Najam wrote for the unanimous panel.

“As such, we reverse and remand the trial court’s order granting post-conviction relief to Oney, vacating his HTV conviction, and allowing him to withdraw his guilty plea to that offense.”

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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