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BMV intentionally overcharged, lawyer says after fresh settlement

The Indiana Bureau of Motor vehicles intentionally overcharged some 5.5 million Hoosiers for years, even after its misconduct was pointed out, said an attorney whose firm announced the second settlement of a class-action lawsuit against the agency.

COA: Trial courts can waive right to be at commitment hearing

State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.

COA affirms GPS monitoring after violation of protective order

A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.

Opinions July 20, 2017

Indiana Court of Appeals
Dustin A. Evans v. State of Indiana
03A04-1612-CR-2911
Criminal. Affirms Dustin Evans’ convictions for escape as a Level 5 felony and unlawful possession of a syringe as a Level 6 felony. Finds there was no fundamental error in the Bartholomew Superior Court’s jury instructions for Evans’ escape charge. Also finds the trial court did not abuse its discretion in ordering consecutive sentences for Evans’ offenses.

COA affirms escapee’s convictions, consecutive sentences

A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.

7th Circuit affirms denial of disability benefits

The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.

7th Circuit denies rehearing, allows case to proceed to evidentiary hearing

A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.

Tax Court rules in favor of exemptions for trucking company

The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.

Opinions July 19, 2017

Indiana Court of Appeals
Stacy Lamont Griffin v. State of Indiana
11A05-1609-CR-2084
Criminal. Affirms Stacy Lamont Griffin’s conviction for attempted robbery as a Level 5 felony and his six-year sentence. Finds Griffin has not demonstrated an abuse of the Clay Circuit Court’s discretion in the denial of his motion for sequestered, individualized voir dire. Also finds sufficient evidence supports Griffin’s conviction. Finally, finds his sentence is not inappropriate.

Deputy prosecutor appointed to Pulaski bench

Pulaski County chief deputy prosecutor Crystal A. Brucker Kocher has been appointed by Gov. Eric Holcomb to fill a vacancy on the Superior Court bench in the northern Indiana courthouse in Winamac.