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Court orders BMV to hold hearing on whether felon can get ID

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A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.

Joesph A. Worley filed a lawsuit for declaratory and injunctive relief after the BMV refused to issue him a photo ID under the name he uses. His birth certificate says “Joseph Alan Ivey” but after his mother married his biological father a year later, the Social Security card issued to Worley said “Joesph A. Worley.” He has used that name ever since.

He had been issued a license in the past – it was suspended in the mid-1990s on two occasions for drunken-driving offenses. He was convicted of felony drunk driving in 2007 when he did not have a valid license. In 2011, he attempted to obtain a photo ID and then driver’s license from the BMV. The agency initially refused because the name on his documents didn’t match. Later in the year, he did obtain a photo ID and then a driver’s license, but the BMV shortly thereafter sent a letter seeking he return the license because they were “improperly issued.”

Worley said in his suit that he has not filed for a name change with the courts because of the cost.

“We conclude that his claim was intended to redress Defendant’s conduct, which has effectively impeded his ability to vote, marry, or adopt his natural child,” Judge Sarah Evans Barker wrote in the Oct. 9 order. “The importance of these basic, community-oriented functions cannot be overstated. Thus, we concluded that Mr. Worley’s argument that he has ‘a reasonable expectation [to] be issued a photographic identification card so that he can participate in our democracy on equal terms with other qualified citizens’ has teeth.”

Barker noted that two cases pending on appeal deal with a similar issue, in which two Marion County courts have read I.C. 34-28-1-1 in conjunction with 34-28-2-1 to bar the plaintiffs’ otherwise legitimate petitions for a name change.

“The prescribed state law remedy, although generally acceptable, fails to afford Mr. Worley full protection for important interests,” she wrote.

Barker ordered the BMV to conduct an evidentiary hearing before the Nov. 6 elections. She acknowledged the state agency’s interest in trying to prevent voter fraud, and that at the hearing, it can decide whether Worley’s conduct is fraudulent or otherwise improper.

The case is Joesph A. Worley v. R. Scott Waddell, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles, 1:10-CV-1259.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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