ILNews

BMV policy change case gets transfer

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT