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Tuesday, February 02, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 9 NFP memorandum decision(s))

For publication opinions today (1):

In State of Indiana and Indiana Bureau of Motor Vehicles v. Nicholas Hargrave, a 13-page opinion, Chief Judge Vaidik writes:

After Nicholas Hargrave was charged with operating a motor vehicle while intoxicated and operating a motor vehicle while intoxicated in a manner that endangered a person, Hargrave surrendered his Commercial Drivers License (CDL) and pleaded guilty. The trial court withheld judgment of conviction, and Hargrave was ordered to participate in a diversion program. Hargrave’s case was deferred with a provision that it would be dismissed if he successfully completed the diversion program. In the meantime, the Bureau of Motor Vehicles (the BMV) refused to reinstate Hargrave’s driving privileges without proof he held SR22 insurance. After the trial court granted Hargrave’s petition asking it to order the BMV to reinstate his driving privileges without requiring him to provide proof of SR22 insurance, the BMV intervened in the case and filed a motion to correct error. In this motion, the BMV asked the trial court to determine that 1) Hargrave was not eligible for a diversion program because he held a CDL at the time of the offense, and 2) Hargrave was required to provide proof of insurance for three years following the termination of his suspension. The trial court denied the motion, and the State appealed.

Because the BMV properly interpreted federal regulations adopted by Indiana statutes to mean that a person who holds a CDL at the time he commits a traffic violation may not participate in a diversion program, the trial court erred in denying the State’s motion to correct error on this issue. In addition, because Hargrave’s driving privileges were suspended under Indiana Code section 9-30- 6-9, Hargrave is required to file proof of financial responsibility for three years following the termination of his suspension under Indiana Code section 9-30-6- 12, and the trial court erred in denying the State’s motion to correct error on this issue as well. We therefore reverse the trial court’s denial of the State’s motion to correct error. * * *

Pyle, J., concurs.
Robb, J., concurring with separate opinion. [that begins, on p. 12] I concur in the majority opinion. I write separately only to note the inconsistent treatment of those who currently hold CDLs and those who do not (but could in the future).

NFP civil decisions today (4):

In the Termination of the Parent-child Relationship of, E.R. (Minor Child), and, J.B. (Father) v. Indiana Department of Child Services (mem. dec.)

Thomas J. Fenton and Cheryl D. Fenton v. City of Seymour, Indiana (mem. dec.)

D.L. v. Indiana Department of Child Services (mem. dec.)

In Re Guardianship and Adoption of L.J.M. (a Minor) M.M. and L.M. v. J.R. (mem. dec.)

NFP criminal decisions today (5):

Cynthia Bell v. State of Indiana (mem. dec.)

Raymond A. Warren v. State of Indiana (mem. dec.)

Kimberly Galbraith v. State of Indiana (mem. dec.)

Tyrone Tapp v. State of Indiana (mem. dec.)

Johnnie A. Winners v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 2, 2016 12:01 PM
Posted to Ind. App.Ct. Decisions