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Monday, December 28, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (2):

In Douglas L. Krasnoff v. The Education Resources Institute, a 4-page opinion on rehearing, Judge Bailey concludes:

Having clarified our prior opinion with respect to any subsequent liability Krasnoff may have had under the note, we reaffirm our decision in this case.
In In the Matter of the Expungement of J.S.: State of Indiana, et al. v. J.S. , a 22-page opinion, Judge Bradford writes:
Effective July 1, 2013, the Indiana General Assembly (the “General Assembly”) adopted a law allowing for the expungement of certain conviction records if the petitioning individual meets certain requirements. On February 27, 2014, Appellee J.S., who held a commercial driver’s license (“CDL”), petitioned to have the records relating to his April 6, 2009 convictions for Class A misdemeanor operating a vehicle while intoxicated (“OWI”) and Class A misdemeanor resisting law enforcement expunged. On July 7, 2014, the trial court issued an order granting J.S.’s petition. As part of this order, the trial court prohibited the Indiana Bureau of Motor Vehicles from disclosing J.S.’s 2009 OWI conviction to the Commercial Driver’s License Information System (“CDLIS”) as is required by existing federal and Indiana law.

Appellants the State of Indiana, the Indiana Bureau of Motor Vehicles, and Kent W. Abernathy, in his position as Commissioner of the Indiana Bureau of Motor Vehicles (collectively, the “BMV”), now appeal the trial court’s order prohibiting the BMV from disclosing J.S.’s conviction to the CDLIS. In challenging the trial court’s July 7, 2014 order, the BMV argues that the portion of the trial court’s ruling relating to the BMV is erroneous as it is inconsistent with the intent of the General Assembly. Specifically, the BMV argues that the ruling violates both existing federal and Indiana law and would lead to illogical and absurd results. Concluding that the BMV is not barred from challenging the trial court’s order and that the trial court erred in prohibiting the BMV from disclosing J.S.’s conviction to the CDLIS, we reverse and remand to the trial court with instructions to amend its July 7, 2014 order to specifically allow the BMV to comply with the existing federal and Indiana laws requiring the BMV to disclose J.S.’s conviction to the CDLIS.

NFP civil decisions today (4):

In the Matter of the Term. of the Parent-Child Relationship of R.W. and E.W. (Minor Children) and M.C. (Mother); M.C. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)

Mikhail Goloverya v. Nextgear Capital, Inc. (mem. dec.)

In the Matter of: J.D. and J.G., Children in Need of Services, J.G. (Father) and K.M. (Mother) v. Ind. Dept. of Child Services, and Child Advocates, Inc. (mem. dec.)

Leo Prassas v. Corick Construction, LLC (mem. dec.)

NFP criminal decisions today (3):

Gary Byrd v. State of Indiana (mem. dec.)

Mandy Monnett v. State of Indiana (mem. dec.)

James Eric Hill V. State of Indiana (mem. dec.)

Posted by Marcia Oddi on December 28, 2015 12:12 PM
Posted to Ind. App.Ct. Decisions