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Indiana State Police Add 54 New Troopers

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Earlier this evening, December 13, 2018, the 78th Indiana State Police Recruit Academy completed their graduation ceremony in the Indiana State Capitol Rotunda. Opening remarks were made by Indiana State Police Superintendent Douglas Carter, followed by a commencement address from Mr. John Stehr, a local Indianapolis television news anchor.  After the commencement address the oath of office for the 54 new state police officers was delivered by The Honorable Justice Mark Massa, of the Indiana Supreme Court.  Each new trooper was then presented their badge and official identification by Superintendent Carter and his staff.

Today’s graduation marked the culmination of 22 weeks of intense training that exceeded 1,018 hours. Some subject areas of training included criminal and traffic law, crash investigations, emergency vehicle operations, defensive tactics, firearms, and a host of other subjects related to modern policing.

Each graduating trooper will be assigned to one of 14 State Police Posts across Indiana. Once at their assigned district, the new troopers will spend the next three months working side by side with a series of experienced Field Training Officers (FTO). The purpose of the field training is to put to practical application the training received over the duration of the formal academy training. Upon successful completion of field training, the new troopers will be assigned a state police patrol vehicle and will begin solo patrol in their assigned district.

USI Appoints Khayum As Top Academic Officer

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After a national search, University of Southern Indiana President Ronald S. Rochon announced that Dr. Mohammad Khayum has accepted the position of provost. Khayum has served as interim provost since July 1, 2018, and will assume the position permanently beginning January 1, 2019.

As provost, Khayum will serve as the chief academic officer for USI, as well as oversee Student Affairs and Outreach and Engagement. In the provost role, he will enhance and further USI’s academic programs and initiatives; support faculty development and aspirations; work with an engaged student body; collaborate with other institutions of higher education within Indiana as well as citizens, community leaders and local officials for the advancement of the University and the region; and work with legislators and others to help advocate for the University.

“Dr. Khayum has a body of work and strategic mind that has earned the respect of USI faculty, staff and students,” said Rochon. “He is a student-centered administrator and his love for USI is evident. I am confident in his immediate impact and future contributions to advance our mission and achieve our goals.”

Prior to his service as interim provost, Khayum served as dean of USI’s Romain College of Business since 2006. He first joined the USI faculty in 1991, and has served as a professor, department chair, and associate dean. During his 12 years as dean, he has twice led the extension of the College’s business and accounting accreditations from the Association to Advance Collegiate Schools of Business (AACSB) in 2008 and 2014, oversaw the creation of an accelerated Master of Business Administration Program and worked to establish the Romain College of Business Innovative Speaker Series, which has brought major speakers such as T. Boone Pickens and Ben Bernanke to campus, and will feature General Colin L. Powell, USA (Ret.) in April.

As a faculty member, Khayum has taught courses on global economic issues, statistics, micro- and macroeconomics and forecasting at the undergraduate and graduate levels. He has been published in multiple academic journals and has conducted economic impact studies and forecasts for both the University and for businesses and nonprofit organizations in the Tri-State area. Khayum has a bachelor’s degree in economics from the University of Guyana, and master’s and doctoral degrees in economics from Temple University in Pennsylvania.

Dr. Brian McGuire, professor of accounting, assumed the position of interim dean of the Romain College of Business on July 1, 2018. A national search for the position of dean of the Romain College of Business will commence in the spring.

EVSC Teacher Achieves National Board Certification

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Jane Elgin, a teacher at McCutchanville Elementary School, recently achieved National Board Certification through the National Board for Professional Teaching Standards. Being nationally certified means that Elgin earned the profession’s highest mark of achievement through a rigorous, performance-based, peer-review process, demonstrating her proven impact on student learning and achievement. It is the most respected professional certificate available in K-12 education.

“I’m thrilled to celebrate our new National Board Certified Teachers. This is a great personal accomplishment, but it’s more than that – this accomplishment is the reason to celebrate the impact Board-certified teachers have on millions of students nationwide and on the teaching profession at-large. School principals and systems leaders from across the country regularly tell me that NBCTs are making a difference in their students’ learning, strengthening their schools and their communities,” said Peggy Brookins, NBCT, president and CEO of the National Board for Professional Teaching Standards.

National Board certification includes four components:

  1. A comprehensive Test at a testing center to demonstrate that a teacher can interpret student needs, data, best practices, modifications, and high-quality curricula.

  2. Narrative research compiled on two students in a teacher’s class. Teachers must demonstrate they can individualize to be relevant, purposeful, culturally-responsive and collaborative.

  3. Video submissions of teaching in both large and small group settings. Videos are then analyzed by teacher experts. This also includes a narrative written portion of self-reflection and evaluation.

  4. Data collection, analysis and intentional teaching supported by data.

Elgin joins approximately 3,900 teachers out of more than 3 million nationwide to receive this certification.

“After spending nearly 200 hours of my own time to complete this certification, I see it as an expression of my commitment to students and families, pushing myself to a higher standard of achievement and professionalism,” Elgin said. “This process encouraged me to reevaluate old habits, practice new methods, and polish tried and true teaching traditions. By earning this, I feel like I’m honoring my beloved profession and all the teachers who have influenced me.”

AG Curtis Hill Advises Hoosiers To Beware Fraudulent Emails

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Attorney General Curtis Hill is advising Hoosiers to beware of fraudulent emails that appear, at first glance, to come from Apple representatives. Scammers are sending the fake emails in attempts to lure unsuspecting victims into providing personal information, such as credit card numbers. The scammers also may be trying to install malware on victims’ computers or devices.

An employee of the Office of the Attorney General received such an email this week. In this latest scam, the sender uses an identity of “Apple ID,” and the email includes the company logo. Upon examining the address from which the email is sent, however, one sees that it is not from Apple.

Recipients of any suspicious email should make sure the sender’s address includes the domain name of the company supposedly sending it. Watch for fake emails that include domain names that vary only slightly from those being imitated.

The subject line of the fake email reads, “We Have Disabled Your AppleID.” The body of the e-mail contains a photo of a lock with the words “Account Disabled.” The Apple logo is in the top left corner.

The text of the email, which lacks correct punctuation in places, reads: “Hi Seems like your account has invalid billing information. To make sure that you can get back into your account quickly, easily and securely in the future, update your account information Follow the link below to update your account. (Then the email contains the suspicious link.) If we do not hear from you within 48 hours, any saved accounts and information will be lost! Thanks Apple team”

The link included in the email begins with “http” instead of “https,” which is used for secure websites. Anyone doing business on websites should always make sure a website’s URL begins with “https.”

This latest email scam appears to be a classic example of phishing, also known as brand-spoofing, which is a type of deception designed to steal a consumer’s identity. In a phishing scam, a thief tries to get information such as credit card numbers, passwords, account information or other personal information by convincing consumers to provide it under false pretenses.

Phishing schemes usually come via spam e-mails or pop-up windows. Scammers pose as legitimate companies with which consumers already may do business.

Con artists will continue to develop new and more creative ways to take advantage of consumers online. Attorney General Hill reminds Hoosiers never to respond to requests for personal information via e-mail. If you think an email is legitimate, contact the company by phone or through its website to confirm. Further, never click on links you receive in unsolicited e-mails.

Anyone receiving suspicious emails purporting to come from Apple may forward them to the company at reportphishing@apple.com.

If you believe you have been the victim of any type of scam or attempted scam, the Office of the Attorney General can help. Go to indianaconsumer.com  or call 1-800-382-5516 to file a complaint.

On Remand, Divided COA Again Allows Modification Of Fixed-Plea Sentence

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OLIVIA COVINGTON FOR WWW.THEINDIANALAWYER.COM

A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.

The appellate court first found in favor of a sentence modification for Alberto Baiza Rodriguez in January, overturning an Elkhart Superior Court ruling that would not allow Rodriguez to reduce his six-year work release sentence. Rodriguez, who was convicted on a drunken driving charge, argued before the COA last year that under Indiana Code section 35-38-1-17(l), he could not be precluded from seeking a modification.

A majority of the appellate panel agreed in the January 2018 opinion, finding that the statute – which at the time did not permit a person to “waive the right to sentence modification under this section as part of a plea agreement” – unambiguously prohibited sentence modification waivers in all circumstances, including fixed-sentence agreements like Rodriguez’s. That decision was based on the 2017 ruling in State of Indiana v. Pebble Stafford, 86 N.E. 3d 190, 193 (Ind. Ct. App. 2017), trans. granted, which likewise found the statute did not permit modification waivers.

In response to the Stafford and Rodriguez holdings, the Indiana Legislature last year passed Senate Enrolled Act 64, which amended I.C. 35-38-1-17 and 35-35-1-2 to require courts to obtain consent from the prosecuting attorney before modifying a sentence entered pursuant to a fixed plea agreement. The bill also provided that when being sentenced pursuant to an open plea, courts may later resentence offenders only within the sentencing range included in the original plea agreement. Finally, the amended language now holds that the statute “does not prohibit the finding of a waiver of the right to: have a court modify a sentence and impose a sentence not authorized by the plea agreement.”

Sen. Mike Young, the Indianapolis Republican who authored SEA 64, said both prosecutors and defense attorneys agree that the holdings in Stafford and Rodriguez misinterpreted the language of the statute, which was only designed to prohibit explicit sentence modification waivers in plea agreements.  Similarly, former justice and now Senior Judge Robert Rucker dissented from the majority’s holding in Rodriguez, noting that even before the amendments, the statute provided that it did “not prohibit the finding of waiver of the right to sentence modification for any other reason” not included “as part of the plea agreement.”

“In essence, it does not appear the Legislature intended to repeal long-standing statutory authority or to overrule long-standing judicial precedent by the enactment of (section(l)),” Rucker wrote in January.

The Indiana Supreme Court granted transfer to Stafford and Rodriguez last year but remanded both cases back to the COA for reconsideration in light of SEA 64’s amendments.

In reaffirming its ruling that Rodriguez could seek a sentence modification, an again-divided COA agreed with Rodriguez’s arguments that the changes made via SEA 64 were not retroactive. Further, the court found that retroactive application of the amendments would violate Rodriguez’s constitutional rights under the Contract Clause.

“On a more basic level, regardless of whether retroactive application of the 2018 amendments would substantially impair Rodriguez’s contractual rights under the plea agreement, it would be fundamentally unfair,” Judge Terry Crone wrote Friday in an opinion on remand in Alberto Baiza Rodriguez v. State of Indiana, 20A03-1704-CR-724. “As the Seventh Circuit Court of Appeals stated in (Elliot v. Bd. Of Sch. Trs. Of Madison Consol. Sch, 876 F.3d at 935, (7th Cir. 2017)), ‘It is not fair to change the rules so substantially when it is too late for the affected parties to change course.’”

The case was remanded for further proceedings, with Rucker once again dissenting by citing to “the reasons expressed in my earlier dissenting opinion….”

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BridgeLink I69 Ohio River Bridge Announcement

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The Board of Directors of BridgeLink commends the recommendation of Central Corridor 1 for the placement of a new I-69 bridge. This location is proven to be the best location for economic development, cross river mobility, ease of traffic congestion, and minimal negative local impacts. BridgeLink Chair Robert Koch said, “A new I-69 bridge is critical to the success of I-69 corridor, through Indiana, Kentucky, and nationwide. Our two states have been leaders in the effort to construct a completed national corridor.” Central Alternative 1 includes a 4-lane I-69 bridge and retains the northbound US 41 bridge for local traffic. It includes new interchanges at US 41 (south end), US 60 and Veterans Memorial Parkway. BridgeLink will continue to advocate to keep both US41 spans open to traffic. The recommendation has two alternatives that the States could pursue: Central Alternative 1A includes tolls on both the new I-69 bridge and the US41 bridge, while Central Alternative 1B only tolls the new I-69 bridge. While the state DOT’s study indicates that tolling will likely be necessary to pay for the new I-69 bridge, the members of BridgeLink will work diligently to keep the US 41 bridges free for local traffic. Mayor Steve Austin of Henderson said, “Keeping US 41 toll-free for our local traffic is imperative to the success of our people and businesses. I-69 is a true benefit for our communities when the project recognizes the difference in interstate and local traffic.” The states of Indiana and Kentucky have worked very hard to make the I-69 river crossing a reality, and the release of the Draft Environmental Impact Statement by our two state departments of transportation is a critical step required to move to construction of this important link. According to the joint Indiana-Kentucky studies of the need for the bridge, the location of the existing bridges is home to several high-crash locations. In addition, studies found that the existing infrastructure “strains to efficiently handle the cross-river volume of traffic”. With the construction of the new I-69 bridge, we will have relief from the safety issues and prevalent congestion found around the US41 bridges. Evansville Mayor Lloyd Winneke said, “The construction of this bridge is vital to Evansville and our future. We have seen improved connectivity to the rest of the state with the construction of I-69, and this cross river mobility will open our connectivity to the south.”Henderson County Judge-executive Brad Schneider agreed, saying, “Henderson and all of western Kentucky will see tremendous benefit with this new bridge, and I thank the states for their commitment to see its construction.” With the approval of the Central Corridor 1 alignment, our communities will see the benefit of a new bridge without the cost of up to 306 homes and businesses displaced. Central Corridor 1 provides the best of all worlds for our area, and impacts will be seen immediately. BridgeLink will participate in the Public Hearings scheduled in January 2019. The schedule is:

  • January 7, 2019 at the Henderson Community College
  • January 8, 2019 at the Old National Events Plaza, Locust Meeting Rooms

Members of the public are invited to provide testimony in support of the route and the prompt construction of the I-69 Bridge.

The Final Environmental Impact Study is expected to be completed in the fall of 2019, and construction could begin within several years after.

BridgeLink is an advocacy group comprised of elected, civic and business leaders in Southwest Indiana and Western Kentucky who are committed to the construction of the I-69 Bridge between Evansville, Indiana and Henderson, Kentucky.

Men’s Basketball hosts Jacksonville State on Saturday

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Junior swimmer Emma Hennessy is one of this week’s featured athletes in the MVC Scholar-Athlete Spotlight, presented by Enterprise Bank and Trust Company, Commissioner Doug Elgin announced today.

To qualify for the Missouri Valley Conference Scholar-Athlete Spotlight, student-athletes must carry a cumulative grade-point average of 3.20, completed at least one academic year at a Valley institution and must be at least a sophomore in academic standing.

Redshirt freshmen and first-year junior college transfers are not eligible. In addition to the academic qualifications, student-athletes are evaluated on their campus involvement and community service.

Hennessy carries a 4.00 GPA as an Athletic Training major as a junior on the Evansville women’s swimming and diving team. Last year, she ranked second on the team in the 50-yard and 100-yard freestyle at 23.83 and 52.73 respectively. On October 27th, Hennessy won the 50 yard freestyle against Little Rock, posting a time of 24.74.

Hennessy is also involved around the Evansville campus and community. She provided educational materials to children at WNIN Evansville Kids’ Fest as well as served as a Student Athletic Trainer for the Evansville Bosse High School football team. She is a member of the Evansville Athletic Training Club as well as the University’s Newman Club.

Men’s Basketball hosts Jacksonville State on Saturday

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Aces and Gamecocks meet for first time

 Another big test is on tap for the University of Evansville men’s basketball team with the Purple Aces playing host to Jacksonville State in a 1 p.m.

“Jacksonville State is an athletic, tough team.  They attack the paint and have guys who are athletic, who play above and attack the rim,” Aces head coach Walter McCarty said.  “We have to guard our yard; do tough things and make them score over us.”

Setting the Scene

– Saturday’s game marks the first meeting between UE and Jacksonville State

– The teams will meet up again next season in Jacksonville, Ala.

– Last week’s win over Ball State saw the Aces move to 5-0 at home for the fourth year in a row; UE has also won 34 non-conference home games in a row

– UE’s bench has outscored its counterparts in six of the last seven games

– The program is averaging 4,759 fans per game through its five opening contests at the Ford Center

Last Time Out  

– Trailing by as many as 17 points in the first half of Sunday’s game against Ball State, the Purple Aces embarked on a 44-11 run that turned a 43-26 deficit into a 70-54 lead

– UE would win the game by a final of 89-77 to improve to 5-0 at the Ford Center this season

– Shea Feehan set his career mark with 29 points and went 13-of-14 from the free throw line in the win

– K.J. Riley (14), Marty Hill (12), Evan Kuhlman (11) and John Hall (10) also posted double figures; Hall led the Aces with 10 rebounds, posting his second double-double of the season

– Evansville shot 90% (27/30) from the line, making a huge difference in the victory

Takeaways from Ball State

– Shea Feehan’s 29 points was the most scored by an Evansville player this season; 17 of those points came during the game-changing 44-11 run

– John Hall grabbed a game-high 10 boards; he has 10+ rebounds in four out of the five home contests and is averaging 9.4 per game at the Ford Center

– The Aces were held to 26.5% shooting in the first half against the Cardinals, but upped that to 58.1% in the second half to finish the game shooting 41.5%

– Evansville’s defense helped BSU to 36.7% shooting in the final 20 minutes after they shot 58.6% in the opening stanza

Perfect at Home  

– For the fourth year in a row, the Aces have started 5-0 at home

– With Sunday’s triumph over the Cardinals, Evansville has now won 34-consecutive home non-conference games

– The last non-conference loss came against Murray State in December of 2014

Tops in the League 

– With 7.11 defensive rebounds per game, John Hall leads the Missouri Valley Conference and is 25th in the nation

– His total of 7.9 caroms ranks third in the MVC; he hauled in 12 boards in home wins over Texas Southern and Albion

– Hall has 10+ rebounds in four out of the five home games

Playing with Pace  

– According to KenPom.com, the Aces are averaging 75.1 possessions per game, which ranks 16th in the nation

– It is a large disparity from last season when UE was 295th in the country, averaging 65.7 possessions

Scouting the Opponent

– Jacksonville State is 5-4 entering Saturday’s contest; the Gamecocks had a 5-game win streak halted on Wednesday as they dropped a 69-65 game at Wichita State

– Jason Burnell leads a trio of double figure scorers for JSU, posting 14.1 points per game

– Burnell is a threat everywhere on the floor, leading the team with 8.1 rebounds per game and a total of 31 assists on the season

– Marlon Hunter and Jamall Gregory check in with 11.2 and 10.1 points per game, respectively

 

Tony Richardson Receives UE Exemplary Teacher Award 

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Tony Richardson, associate professor and director of the electrical engineering program at the University of Evansville, received the University’s Exemplary Teacher Award during UE’s winter commencement exercise today, Thursday, December 13.

The Exemplary Teacher Award is given by the University to an exceptional member of the faculty in acknowledgment of his or her teaching excellence.

Richardson became a member of UE’s faculty in 2000. His specialty areas are digital signal processing and electronic communication. Richardson has developed courses in his discipline that are required by all of UE’s electrical engineering and computer engineering majors. He is highly sought after as a senior project advisor, and he understands the curriculum so well that he advises students with the most challenging schedules. Richardson is extremely popular among students and consistently scores near the top of his department in teaching evaluations.

Richardson earned his PhD in electrical engineering from Duke University, his MS in electrical engineering from Syracuse University, and his BS in electrical engineering from the University of Kentucky.

Tony Richardson Receives UE Exemplary Teacher Award 

Tony Richardson, associate professor and director of the electrical engineering program at the University of Evansville, received the University’s Exemplary Teacher Award during UE’s winter commencement exercise today, Thursday, December 13.

The Exemplary Teacher Award is given by the University to an exceptional member of the faculty in acknowledgment of his or her teaching excellence.

Richardson became a member of UE’s faculty in 2000. His specialty areas are digital signal processing and electronic communication. Richardson has developed courses in his discipline that are required by all of UE’s electrical engineering and computer engineering majors. He is highly sought after as a senior project advisor, and he understands the curriculum so well that he advises students with the most challenging schedules. Richardson is extremely popular among students and consistently scores near the top of his department in teaching evaluations.

Richardson earned his PhD in electrical engineering from Duke University, his MS in electrical engineering from Syracuse University, and his BS in electrical engineering from the University of Kentucky.

Tony Richardson Receives UE Exemplary Teacher Award 

Tony Richardson, associate professor and director of the electrical engineering program at the University of Evansville, received the University’s Exemplary Teacher Award during UE’s winter commencement exercise today, Thursday, December 13.

The Exemplary Teacher Award is given by the University to an exceptional member of the faculty in acknowledgment of his or her teaching excellence.

Richardson became a member of UE’s faculty in 2000. His specialty areas are digital signal processing and electronic communication. Richardson has developed courses in his discipline that are required by all of UE’s electrical engineering and computer engineering majors. He is highly sought after as a senior project advisor, and he understands the curriculum so well that he advises students with the most challenging schedules. Richardson is extremely popular among students and consistently scores near the top of his department in teaching evaluations.

Richardson earned his PhD in electrical engineering from Duke University, his MS in electrical engineering from Syracuse University, and his BS in electrical engineering from the University of Kentucky.

Tony Richardson, associate professor and director of the electrical engineering program at the University of Evansville, received the University’s Exemplary Teacher Award during UE’s winter commencement exercise today, Thursday, December 13.

The Exemplary Teacher Award is given by the University to an exceptional member of the faculty in acknowledgment of his or her teaching excellence.

Richardson became a member of UE’s faculty in 2000. His specialty areas are digital signal processing and electronic communication. Richardson has developed courses in his discipline that are required by all of UE’s electrical engineering and computer engineering majors. He is highly sought after as a senior project advisor, and he understands the curriculum so well that he advises students with the most challenging schedules. Richardson is extremely popular among students and consistently scores near the top of his department in teaching evaluations.

Richardson earned his PhD in electrical engineering from Duke University, his MS in electrical engineering from Syracuse University, and his BS in electrical engineering from the University of Kentucky.

Tony Richardson, associate professor and director of the electrical engineering program at the University of Evansville, received the University’s Exemplary Teacher Award during UE’s winter commencement exercise today, Thursday, December 13.

The Exemplary Teacher Award is given by the University to an exceptional member of the faculty in acknowledgment of his or her teaching excellence.

Richardson became a member of UE’s faculty in 2000. His specialty areas are digital signal processing and electronic communication. Richardson has developed courses in his discipline that are required by all of UE’s electrical engineering and computer engineering majors. He is highly sought after as a senior project advisor, and he understands the curriculum so well that he advises students with the most challenging schedules. Richardson is extremely popular among students and consistently scores near the top of his department in teaching evaluations.

Richardson earned his PhD in electrical engineering from Duke University, his MS in electrical engineering from Syracuse University, and his BS in electrical engineering from the University of Kentucky.

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