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BMV policy change case gets transfer

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The Indiana Supreme Court has agreed to hear the case challenging the state's Bureau of Motor Vehicle's invalidation of licenses or identification cards only on the basis of mismatched records. The high court granted transfer Oct. 29 to Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49S02-0910-CV-505.

Lyn Leone and others received letters from the BMV notifying them that their information on record didn't match that from the Social Security Administration and their driver's licenses or ID cards would be revoked if the BMV records weren't updated. The class sought a preliminary injunction against the enforcement of the policy. The trial court denied the injunction, as did the Indiana Court of Appeals.

The appellate court ruled the plaintiffs showed the BMV's policy violated constitutional guarantees of due process, but a preliminary injunction wouldn't be in the public's best interest because of the threat of identify theft.

Judge Patricia Riley dissented, arguing the plaintiffs were being hassled by the new policy and the BMV should approach the legislature to amend Indiana Code to allow for the new policy.

The Supreme Court also granted transfer to three additional cases - Andrew King v. State of Indiana, No. 49S04-0911-CR-507; Steven W. Everling v. State of Indiana, No. 48S05-0911-CR-506; and Subhen Ghosh v. Indiana State Ethics Commission and the Office of the Inspector General, No. 32S01-0910-CV-504.

In King, the appellate court affirmed Andrew King's felony convictions of child solicitation and attempted dissemination of matter harmful to minors. It concluded that impossibility isn't a defense to the crime of attempted dissemination of matter harmful to minors and that the legislature couldn't have intended to foreclose prosecution under Indiana Code Section 35-49-3-3 when the defendant erroneously believes the victim is a minor.

In Everling, the Court of Appeals upheld Steven Everling's felony convictions of child molesting and sexual misconduct with a minor. He claimed he didn't receive a fair and impartial trial, and that his trial counsel was ineffective. The appellate court disagreed, finding the testimony of his witnesses, which were excluded based on a motion from the state, wouldn't have likely affected the outcome of the trial. His trial counsel's performance was deficient, but based on the record the Court of Appeals couldn't determine if Everling was prejudiced.

In Ghosh, the appellate court affirmed the Ethics Commission conclusion that an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned. Ghosh argued he didn't "participate in any decision" per statute by using the credit card because participate implies more than one person is involved in the decision. The Court of Appeals rejected the argument and remanded on the issue of the monetary sanction he was ordered to pay.

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

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  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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