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COA rules on 'In God We Trust' plate suit

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Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.

In Mark Studler v. Indiana Bureau of Motor Vehicles and Ronald L. Stiver, in his official capacity as Commissioner of the Indiana BMV, No. 49A02-0804-CV-385, Mark Studler appealed the trial court order denying his motion for summary judgment and granting the Indiana BMV's motion for summary judgment. The suit stems from Studler having to pay $40, including a $15 administrative fee, to get an "Environment" license plate. Studler claimed not charging an administrative fee for the "In God We Trust" license plate, but charging a fee for the purchase of a special group recognition license plate, violated Article I, Section 23 of the Indiana Constitution. In his suit, Studler wanted the court to either allow him to get the "Environment" license plate without paying additional fees or require the BMV to charge for the "In God We Trust" plate.

The appellate court unanimously affirmed the offering of the "In God We Trust" license plates without the payment of an administrative fee to be constitutional. The Court of Appeals concluded the legislature's classification of license plates as Chapter 25 and non-chapter 25 license plates, under Indiana Code Section 9-18-25, is reasonably related to the inherent characteristics of the plates, and having to pay an administrative fee is uniformly applicable to all Chapter 25 license plates and not applicable to non-chapter 25 plates, such as the "In God We Trust" plate.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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