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“IS IT TRUE” JULY 22 2019

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We hope that today’s “IS IT TRUE” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way

IS IT TRUE the attached City Ordinance that will be voted on at tonights City Council meeting is something to behold?  …that the Evansville DMD is asking for additional money for Historic District lighting and money for a handicap accessible van for Food Desert Transportation program?  …the DMD is asking City Council to approve $100,000 for the creation of a historic preservation facade grants program?  …we highly recommend that you click the following link concerning these requests?

F-2019-12 Attachment

IS IT TRUE at tonights City Council meeting members will be considering a new ordinance  concerning the placement of unsolicited materials on private property?  …many people feel that this proposed ordinance is overreaching, unenforceable and bureaucrat? …this ordinance is the brain child of none other then the lame duck City Councilwomen Michelle Mercer (R)?

IS IT TRUE our ‘Readers Poll” question for last week was: “Should the Presidents of the City Council, Vanderburgh County Commission and County Council been invited to welcome the participants of the Fastpitch Softball tournament to Vanderburgh County”?  …that 520 people participated in this non-scientific but trendy poll? …427 (82%) people voted “YES”?  …43 (8%) people voted “No” and 50 (10%) people had “NO IDEA”? …according to our readers they feel that the CVB Executive Director made a major political mistake when he didn’t invite the Presidents of City Council, County Commission and County Council to participate in the opening ceremonies of the National Fastpitch Tournament held at the Ford Center?  …one would think after serving in capacity of Executive Director of the CVB for around 14 months he would had learned political protocol by now?

IS IT TRUE last week the new owners of Ellis Park held a press conference?  …they made some big ticket promises concerning $55 millions dollars worth of renovations and new construction projects that are scheduled to begin sometime this fall? …so far they are have done a good job in some of the nominal interior and exterior renovations they done?

IS IT TRUE original plans were that Saratoga Gaming Of New York were going to operate Ellis Park during the live meet only?  …we are now told by credible sources that Saratoga Gaming Of New York may continue to operate Ellis Park until the end of this year?.

IS IT TRUE according to WRDB TV, Louisville, the Kentucky Supreme Court will weigh in for the second time in a long-running case challenging the legality of the nearly 3,000 slot-like “Historical Horse Racing” machines that have been installed at racetrack-owned venues around the state since 2011?
IS IT TRUE that WRDB TV, Louisville also reported that Casino gambling is illegal in Kentucky, but the current gaming machines are designed to mimic slots while basing the results of each spin on an old horse race, selected at random, which players are not able to identify in advance?
IS IT TRUE we hope that the owners of Casinos located in Kentucky will show their patrons how to use the additional option of betting on past horse races all over America? …we are told that this betting feature is available on every “Instant Historical Horse Racing” machine in the State Of Kentucky but is rarely used?

IS IT TRUE we hope that the new owners of Ellis Park are aware about the planned $300 million dollars Harness Racetrack /Casino?  …this development will also have an upscale Hotel with three (3) restaurants and Equestrian Training Center?  …the owners of this development are Churchill Downs and Kneeled and will be built in the Hopkinsville, Ky. area in the near future?

IS IT TRUE we hope that the new owners of Ellis Park realizes that the State Of Indiana has recently approved legislation that will allow Indiana Casinos to open “SPORTS BOOKS” parlors at their facilities?

IS IT TRUE we predict that the competition between all of the area Casinos over the next several years will be extremely interesting to watch?  …it wouldn’t surprise us if at least one Casino will cease doing business during that time?

IS IT TRUE that the only way to promote the best in an election is by candidates and their sponsors being straightforward, open, and clear in their communication to voters?

IS IT TRUE  that “a lack of transparency results in distrust and a deep sense of insecurity.”  …this is a quote by the Dalai Lama?

Todays“Readers Poll” question is: Should the Evansville City Council approve a $100,000 grant request to create a facade grant program in the Historic Preservation?

If you would like to advertise on the CCO please contact us at City-County Observer@live.com

Footnote: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.

We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.
Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

 

 

TODAYS CITY COUNCIL MEETING AGENDA

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civic center

CITY COUNCIL MEETING
July 22,2019
1 NW MARTIN LUTHER KING, JR. BLVD. ROOM 301
5:30 P.M.
 

AGENDA

I. INTRODUCTION

 

Agenda Attachment:
II. APPROVAL OF MEETING MEMORANDUM

 

Memo Attachment:
III. REPORTS AND COMMUNICATIONS

 

IV. SPECIAL ORDERS OF THE DAY

 

V. CONSENT AGENDA:  FIRST READING OF ORDINANCES AND RESOLUTIONS

 

A. ORDINANCE R-2019-16 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2809 Broadway Avenue Petitioner: Robby Pennell Owner: Robby Pennell Requested Change: C2 to C4 w/UDC Ward: 6 Brinkmeyer Representative: Steve Bohleber, Bohleber Law
R-2019-16 Attachment:
B. ORDINANCE R-2019-17 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1700 E. Morgan Avenue, Evansville, IN Petitioner: Robert Scott Stodgill and Julia A. Stodgill Owner: Julia A. Stodgill & Robert Scott Stodgill Requested Change: C4 to R2 Ward: 3 Melcher Representative: Steve Bohleber, Bohleber Law
R-2019-17 Attachment:
C. ORDINANCE R-2019-18 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1603 S. Tekoppel Avenue, Evansville, IN Petitioner: David Properties, LLC Owner: David Properties, LLC Requested Change: C4 w/UDC to C4 w/UDC Ward: 6 Brinkmeyer Representative: Krista B. Lockyear, Lockyear Law
R-2019-18 Attachment:
VI. COMMITTEE REPORTS

 

VII. REGULAR AGENDA:  SECOND READING OF ORDINANCES AND RESOLUTIONS

 

A. ORDINANCE G-2019-05 An Ordinance Adding Chapter 9.40 (Unsolicited Materials) of the Evansville Municipal Code Sponsor(s): McGinn, Mosby, Weaver Discussion Led By: ASD Chair Mosby Discussion Date: 5/13/2019
G-2019-05 Attachment:
B. ORDINANCE F-2019-12 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 7/22/2019
F-2019-12 Attachment:
C. ORDINANCE F-2019-13 An Ordinance of the Common Council of the City of Evansville Authorizing Repeals, Re-Appropriations within the Department of Metropolitan Development Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 7/22/2019
F-2019-13 Attachment:
D. ORDINANCE R-2019-11 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 5.01 Acres Directly West of 1603 S. Tekoppel Petitioner: Evansville Vanderburgh Levee Authority District Owner: Evansville Vanderburgh Levee Authority District Requested Change:
R-1 to C-4 w/UDC Ward: 6 Brinkmeyer Representative: Krista B. Lockyear, Lockyear Law
R-2019-11 Attachment:
E. ORDINANCE R-2019-12 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as Part of 2800 Colonial Garden Road Petitioner: ANB Investments, LLC Owner: ANB Investments, LLC Requested Change:
R-1 to M-1 w/UDC Ward: 1 McGinn Representative: Krista B. Lockyear, Lockyear Law
R-2019-12 Attachment:
F. ORDINANCE R-2019-13 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 706 Wessel Lane, Evansville, IN  47712 Petitioner: Chad Sander Owner: Grimm Property Holdings LLC Requested Change: R1 to R2 Ward: 6 Brinkmeyer Representative: Chad Sander, Real Property Management Results
R-2019-13 Attachment:
G. ORDINANCE R-2019-15 Amended An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 313 S New York Ave Petitioner: Harvey Baker & Shirley Baker Owner: Harvey Baker & Shirley Baker Requested Change: R4 to C4 Ward: 4 Robinson Representative: Tanisha Carothers, Carothers Law
R-2019-15 Amended Attachment:
VIII. RESOLUTION DOCKET

 

A. RESOLUTION C-2019-09 A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for Redevelopment located at 606 and 607 East Iowa Street, Evansville, Indiana Carpenter Court, L.P. (c/o Pioneer Development Services, Inc.) Sponsor(s): McGinn Discussion Led By: Finance Chair Weaver Discussion Date: 7/22/2019
C-2019-09 Attachment:
B. RESOLUTION C-2019-10 A Resolution of the Common Council of the City of Evansville, Indiana, Authorizing Affordable Housing Funds for Habitat for Humanity of Evansville, Inc. New Construction Single-Family Projects in the City of Evansville, Indiana in an Amount Not to Exceed One-Hundred Thousand Dollars ($100,000) Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 7/22/2019
C-2019-10 Attachment:
C. RESOLUTION C-2019-11 A Resolution of the Common Council Approving Extension of Interlocal Agreement with Knight Township Sponsor(s): McGinn Discussion Led By: Brinkmeyer Discussion Date: 7/22/2019
C-2019-11 Attachment:
IX. MISCELLANEOUS BUSINESS

 

A. THE NEXT MEETING of the Common Council will be Monday, August 12, 2019 at 5:30 p.m.
B. TAX PHASE-IN COMPLIANCE REPORTS:  Andrea Lendy, Growth Alliance
C. ADDITIONAL MISCELLANEOUS BUSINESS
X. COMMITTEE REPORTS

 

XI. ADJOURNMENT

Upcoming Legal Chess Tournament Sparks Competition, Promotes Family Connection

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Katie Stancombe for www.theindianalawyer.com

In a family friendly competition pitting plaintiffs’ attorneys against defense attorneys, two Indianapolis law firms have come together to host a chess tournament to raise funds for civic education.

The We the People White Knight Chess Tournament will take place at 2 p.m. Oct. 26, but registration is already open. Hosted by Cohen & Malad and Barnes & Thornburg at the Indianapolis City Market, the fundraising event will allow opposing counsel to compete in a head-to-head chess tournament.

Gabe Hawkins of Cohen & Malad said he first came up with the idea for the event after routinely running into lawyers while at his son’s chess tournaments. After chatting with other attorneys and realizing many similarly enjoy the game, Hawkins decided it would be worth a shot.

The tournament will be open to lawyers in the Indiana legal community, as well as the special kids in their lives, Hawkins said. There will be two divisions to compete in: an adult division and a children’s division. The top-ranked finishers from both divisions will advance to a ‘simul’ against chess grandmaster Fidel Corrales Jimenez of Boston, who will simultaneously play all players in individual games.

A full 100 percent of the funds raised from the tournament will be donated to the We the People citizen and constitution program. WTP promotes civic competence and responsibility among Indiana’s elementary, middle and high school students – something Hawkins said is the perfect charity for lawyers to promote.

Cohen & Malad and Barnes & Thornburg will pay the hard costs of the event, he added. Both firms teamed up with the goal of bringing the statewide legal community together for a bit of family fun.

Hawkins hopes attorneys from all over the state will partake in the spirit of competition. Even more, he hopes lawyers will bring the children in their lives to participate too.

“This is an event that you can have lawyer-child participation,” Hawkins explained. “The unique aspect is that people can do this with their families and promote the hobby of chess. I’m hoping it’s a family event where they can engage with a competition while spending time with their family and doing something their child might find neat.”

Hoosier attorneys interested in signing up for the tournament can now register online.

YESTERYEAR: EVANS CAFE BY PAT SIDES

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YESTERYEAR: EVANS CAFE

BY PAT SIDES

When Henry and Ann Evans opened the doors to their new restaurant before dawn on October 23, 1943, the juke box was blasting the hit song “Pistol Packin’ Mama,” as workers from the Evansville shipyard filed in to grab an early breakfast.

Evans Café was one of the city’s most popular dining venues for decades, advertising itself as “Evansville’s Leading Family Restaurant” and attracting loyal customers from a 50-mile radius.

Located at 1010 South Kentucky Avenue, the restaurant soon developed a reputation for home-style cooking, which was served at affordable prices. Evans Café originally had only 28 seats, but eventually seating capacity exceeded 200.

After 1984, the café closed and re-opened several times under new owners. 

EPA Awards $2.3 Million In Funding For 21 Small Businesses To Develop Innovative Environmental Technologies

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The U.S. Environmental Protection Agency (EPA) announced $2.3 million in funding for 21 small businesses to develop technologies that will help protect human health and the environment by monitoring air quality, treating drinking water, cleaning up contaminated sites, and creating greener, less toxic materials.

“These funds support small businesses that have developed new technologies to monitor air quality, test for PFAS, and address other pressing environmental challenges,” said EPA Administrator Andrew Wheeler. “Through EPA’s Small Business Innovation Research program, we provide important assistance to entrepreneurs as they develop innovative solutions that will strengthen both environmental protections and economic growth.”

These 21 small businesses are receiving Phase I contracts from EPA’s Small Business Innovation Research (SBIR) program, which awards contracts annually through a two-phase competition. Companies compete for a Phase I award of up to $100,000 by submitting research that addresses key environmental issues. After receiving a Phase I award, companies are eligible to compete for a Phase II award of up to $300,000 to further develop and commercialize the technology.

SBIR Phase I Recipients Include:

  • Creare LLC, Hanover, N.H., AirQAST Portable Automated Air Quality Monitoring
  • Anfiro, Inc., Woburn, Mass., Block Copolymer Membranes for Total Removal of Ionic and Nonionic PFAS from Industrial Wastewaters Optionally Co-Contaminated by Alcohols
  • Brisea Group, Inc., Parsippany, N.J., Development of Microwave-assisted Membrane Filtration for Pretreatment of PFAS in Industrial Wastewater
  • AAPLasma LLC, Feasterville, Pa., Non-Thermal Plasma Assisted Inactivation of Antibiotic Resistant Bacteria in Wastewater
  • Framergy Inc., Wilmington, Del., Innovative Pretreatment Technologies for PFAS in Industrial Wastewater
  • Mainstream Engineering Corporation, Rockledge, Fla., Field-deployable Measurement of Fluorocarbons in Water
  • PTP Strategy LLC, Gainsville, Fla., CDD-SORT: A Next-Generation System to Detect Hazardous & Recyclable Materials in Discarded C&D Debris
  • Faraday Technology Inc., Englewood, Ohio, Electrochemical Pretreatment of PFAS-Contaminated Aqueous Effluents; Electrochemical Extraction and Remediation of PFAS in Soils
  • Talk About It Solutions DBA Remooble, Maple Grove, Minn., Fast Acting Bio-Derived and Bio-Degradable Paint Removers for Epoxy, Latex and Lacquer Coatings
  • Claros Technologies Inc., Stillwater, Minn., Novel Sorbent Technology for Simultaneous Removal and Degradation of Waterborne PFAS
  • Polykala Technologies LLC, San Antonio, Texas, Development of “Smart” Polymer Nanofiber Mats for Selective and Efficient Removal of PFAS from Landfill Leachate
  • TDA Research Inc., Wheat Ridge, Colo., Disposable Test Strips for Ultra-Sensitive Quantification of Polyfluoroalkyl Substances in Ground Water; Development of a Non-Toxic Paint Stripper
  • Sporian Microsystems Inc., Lafayette, Colo., Low Cost Hyperspectral Measurement System to identify Harmful Materials in Construction and Demolition (C&D) Materials
  • Oxbyel Technologies, Inc., Mesa, Ariz., Electrochemical Mineralization of PFAS in Industrial Wastewater
  • QuakeWrap, Inc., Tucson, Ariz., Trenchless Water Main Point Repairs with SuperLaminate
  • 2W iTech LLC, San Diego, Calif, Rapid Field Trace Detection of Perfluoroalkyl Substance in Water
  • BioLargo, Inc., Westminster, Calif., Aqueous Electrostatic Concentrator to Remove Per-and Poly-fluroakyl Substances from Water
  • KWJ Engineering Incorporated, Newark, Calif., Ultralow Power Sensor Package for Ground Level Air Pollution Levels from Wildland Fires
  • MicroAeth Corporation DBA AethLabs, San Francisco, Calif., Black Carbon and UV Particulate Matter, Multi-Gas, Multi Pollutant Sensor Platform
  • Intellisense Systems, Inc., Torrance, Calif., Remote Air Quality Reporting (RAQR) Device
  • Enoveo USA, Berkeley, Calif., The NODE biosensor: real-time contaminant detection in stormwater

EPA’s SBIR funding supports both the economy and the environment by creating jobs and promoting small businesses to bring environmental technologies to market. One EPA SBIR small business, GreenTechnologies, LLC, is commercializing a sustainable and innovative treatment and nutrient recovery process for wastewater. Their processes recover nutrients such as phosphorus, carbon and nitrogen in wastewater and convert the excess nutrients into sustainable slow-release fertilizers, branded under the name GreenEdge®, which are being sold commercially throughout the country and internationally.

EPA is one of 11 federal agencies that participate in the SBIR program, enacted in 1982 to strengthen the role of small businesses in federal research and development, create jobs, and promote U.S. technical innovation. To be eligible, a company must be an organized, for-profit U.S. business and have fewer than 500 employees.

Indiana’s Apple, Pieroni Win Gold at FINA World Championships

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Indiana University postgraduate swimmers Zach Apple and Blake Pieroni won gold with Team USA in the men’s 4x100m freestyle relay on Sunday morning at the 2019 FINA World Championships.

The Hoosier duo helped the Americans win the relay with a World Championships record time of 3:09.06. Swimming second in the relay, Pieroni split a 47.49 in his 100 meters. Apple followed and posted the best split in the event with a 46.86.

Both Apple and Pieroni are eligible to swim in more relays for Team USA this coming week at the World Championships. Pieroni will also compete individually in the men’s 100m freestyle.

In the final of the men’s 400m freestyle, Hoosier postgrad Zane Grothe took eighth place for Team USA with a time of 3:45.78.

Earlier in prelims, IU postgraduate swimmer Vini Lana tied for 28th overall in the men’s 50m butterfly with a mark of 23.91.

Swimming prelims in Gwangju begin each night at 9:00 p.m. ET, with finals the next morning starting at 7:00 a.m. ET. Swimming at the FINA World Championships runs through Monday, July 28.

“LEFT JAB AND RIGHT JAB” JULY 22, 2019

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“LEFT JAB AND RIGHT JAB”

“Right Jab And Left Jab” was created because we have two commenters that post on a daily basis either in our “IS IT TRUE” or “Readers Forum” columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE” columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB”  column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB” AND “RIGHT JAB” several times a week.  Oh, “LEFT JAB” is a liberal view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.

FOOTNOTE: Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

Mid-States Corridor Project Tier 1 Environmental Study

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August Public Meetings Scheduled

 The Mid-States Corridor Project examines the concept of an improved highway connection in southwest Indiana. The Mid-States Corridor is anticipated to begin at the William H. Natcher Bridge crossing of the Ohio River near Rockport, continue generally through the Huntingburg and Jasper area and extend north to connect to Interstate 69 (either directly or via SR 37).

The Mid-States Corridor Regional Development Authority (RDA) and the Indiana Department of Transportation (INDOT) have started a Tier 1 Environmental Impact Statement (EIS), which is required by the National Environmental Policy Act (NEPA) for major construction projects that will include federal funding.

The Tier 1 EIS will include the following:

  • Analysis and comparison of benefits, impacts and costs of a range of reasonable options to identify a preferred corridor for the proposed facility
  • Assessment of the social, economic and environmental impacts of each corridor, along with consideration of ways to avoid, minimize or mitigate impacts
  • Identification of the project’s purpose and need, and consideration of a variety of options to meet both, including improvements to and use of existing facilities and construction of new roadway facilities
  • Analysis of a no-build alternative to serve as a baseline for comparison

The Tier 1 EIS is expected to take just over two years to complete with a Record of Decision (ROD) expected in summer 2021. The ROD is the Federal Highway Administration’s final approval of the preferred corridor.

After a Tier 1 ROD, a more detailed Tier 2 environmental study will determine specific alignments and preferred alternatives within the selected Tier 1 corridor.

Public Meetings Scheduled

Public involvement is a key part of the environmental study process. The first of several public meetings are planned for early August. The meetings will introduce members of the community to the Mid-States Corridor Project, explain the tiered study approach, describe the potential preliminary corridors and introduce ways for the public to stay informed and provide feedback.

Meetings are planned for Washington, French Lick and Jasper at the following locations:

Monday, Aug. 5: Washington High School              

608 E. Walnut St., Washington, IN

Auditorium (Enter through Gate 4 off 7th St.)

5:30pm to 7:00pm (local time)

Tuesday Aug. 6: Springs Valley High School

326 S. Larry Bird Blvd., French Lick, IN

Cafeteria

5:30pm to 7:00pm (local time)

Thursday, Aug. 8: Jasper High School

1600 St. Charles St., Jasper IN

Cafeteria

5:30pm to 7:00pm (local time)

Each meeting feature an open house format. A short project presentation is planned for 6 p.m. each evening. Project team members will be at multiple stations to answer questions and comment cards will be available to offer public input. Additional public meetings will be held at project milestones.

Find more information regarding the Mid-States Corridor project including how to sign up for e-newsletters, text alerts, social media updates and to learn about the project office location/hours of operation please visit www.midstatescorridor.com.

Project Office Location 

 A Mid-States Corridor project office is located at Vincennes University Jasper Campus. The office is in the Administration Building and is open Monday, Wednesday and Friday from 8:00 a.m. to 5:00 p.m. ET, and by appointment. A project representative will be available during office hours to answer questions, and handouts and displays from the public meetings will be on site.

 

Mid-State Corridor Project Office

Vincennes University Jasper Campus

Administration Building, Room 216

850 College Ave.

Jasper, IN 47546

Members of the community can reach the project office by calling 812-482-3116. There are several ways to follow project progress, ask questions and offer feedback.

 

Find project information online at www.midstatescorridor.com.

  • Sign up for project e-newsletters on the website.
  • Receive project text alerts by texting “midstates” to 33222.
  • Email questions and comments to info@midstatescorridor.com.

Information and updates are also provided on social media, Facebook (Mid-States Corridor) and Twitter (@MidStatesStudy).

The Mid-States Corridor Project examines the concept of an improved highway connection in Southwest Indiana. The Mid-States Corridor Regional Development Authority and the Indiana Department of Transportation are conducting the required Tier 1 Environmental Study for the project to determine a preferred corridor. Find more information at www.midstatescorridor.com.

 

ADOPT A PET

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Rain is a beautiful female gray & white cat! She has previously lived with other cats and also with dogs, and done fine. She came in on June 6th from a family that had too many animals and got overwhelmed. Rain’s adoption fee is $40 and includes her spay, microchip, vaccines, and more! Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

Appeals panel rejects man’s challenge of child molestation conviction

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 Dave Stafford for www.thiendianalawyer.com

A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.

The appellate panel affirmed the Elkhart Superior Court’s conviction in Ryan Baxter v. State of Indiana, 18A-CR-2050.

Baxter was arrested after his 4-year-old stepdaughter, A.W., told her grandmother that he had molested her during a noncustodial visit with her mother and Baxter, her stepfather. The grandmother told A.W.’s biological and custodial father, after which “A.W. underwent a sexual assault examination,” Judge Melissa May wrote for the panel. “The nurse, Nancy Grant, determined A.W. had an injury consistent with prior penile penetration that was healing.”

After being charged with three counts of Level 1 child molesting, an Elkhart County jury convicted Baxter of one count, prompting his appeal. Baxter argued the medical report was inadmissible hearsay because it contained A.W.’s identification of Baxter as the culprit.

“The identification of Baxter as the perpetrator was relevant and necessary in order for Grant to know if she could discharge A.W. into Father’s custody without A.W. being subjected to more abuse after she was released,” May wrote. “Because the identification of Baxter as the perpetrator was necessary to ensure A.W.’s safety, the court did not abuse its discretion by admitting the medical report.”

Likewise, the COA rejected Baxter’s argument that A.W.’s testimony should have been stricken under the incredible dubiosity rule, and therefore the evidence was insufficient to support his conviction.

“Incredible dubiosity is not available to invalidate A.W.’s testimony because her testimony is not inherently contradictory and it is corroborated by other witness testimony. At trial, Grant, a sexual assault nurse examiner, testified A.W. sustained injury to her hymen that was consistent with penile penetration. Grant’s testimony provides circumstantial evidence in support of A.W.’s testimony and invalidates Baxter’s incredible dubiosity argument,” May wrote, citing to Moore v. State, 27 N.E.3d 749, 760 (Ind. 2015), which rejected that rule when testimony is supported by circumstantial evidence.

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