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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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