Valpo Lawyer Suspended 1 Day After Conviction
IL for www.theindianalawyer.com
The Indiana Supreme Court on Wednesday suspended a Valparaiso attorney who faced multiple criminal charges of violating protective orders and was convicted of one count in a bench trial a day earlier.
Justices ordered the suspension of Timothy E. Vojslavek for noncooperation with the Disciplinary Commission’s investigation of a grievance against him. The order says he failed to reply to an Aug. 15 order to show cause why he should not be suspended for noncooperation.
The order did not indicate the nature of Vojslavek’s alleged misconduct, but online trial court records show his suspension was ordered one day after Vojslavek was convicted of Class A misdemeanor invasion of privacy in a bench trial in Porter Superior Court.
Vojslavek was charged between October and December 2016 with four misdemeanor criminal invasion of privacy counts, Porter County online court records show. Porter Superior Judge Jeffrey Thode found Vojslavek guilty of one count Wednesday and sentenced him to 180 days, all but eight of which were suspended to probation, with credit for time served.
The remaining counts against Vojslavek were dismissed, according to Thode’s court. Details of the criminal charges were not immediately available Thursday.
A message on the telephone number listed for Vojslavek said the voice mailbox was full and could not accept new messages.
Reversal: Appeals court tosses admission of OWI breath test
IL for www.theindianalawyer.com
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
In March 2017, Brian Conner was arrested after Indianapolis Metropolitan Police administered a series of field sobriety tests on him at a sobriety checkpoint and found him to be intoxicated. Police then took Conner to a local police station and administered a breath test using the Intox EC/IR II machine.
During the first Intox test, Conner blew too hard and registered a “maximum flow exceeded†message on the instrument. A second test showed that Connor had an alcohol concentration equivalent to 0.097 gram of alcohol per 210 liters of breath.
Conner was ultimately convicted of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol but less than 0.15 gram of alcohol per 210 liters of breath. At trial, Conner moved to suppress the results of the Intox chemical breath test, arguing that the results were inadmissible because the officer administered the test using a procedure not approved by the Department of Toxicology.
The Indiana Court of Appeals agreed in Brian Harold Connor v. State of Indiana, 18A-CR-442, finding the trial court abused its discretion in admitting the test results because the department had not designated the proper procedure to be followed when administering a breath test after having received a “maximum flow exceeded†error message.
“…Contrary to the State’s assertion, there is no single protocol for a test operator to follow when administering an additional breath test after having received an error message,†Judge Edward Najam wrote for the court. “Rather, there is a significant difference in the procedure to be followed depending on the error message. Without direction from the Department of Toxicology on how to properly proceed following the ‘maximum flow exceeded’ error message, we cannot say that Captain (Don) Weilhamer’s decision to simply wait three minutes before administering a second test using the same machine was correct.
“In sum, the evidence does not show that the technique Captain Weilhamer used to administer the second breath test to Connor was an authorized technique that produced an accurate test result,†Najam continued. “When Captain Weilhamer received an error message for which there was no corresponding protocol in the administrative code, he improvised. Because the technique he used had not been approved in accordance with a rule promulgated by the Department of Toxicology, as a matter of law the results of the breath test were not admissible.â€
Eagles host #1 Bellarmine Saturday
University of Southern Indiana Men’s Basketball tips off the 2018-19 Great Lakes Valley Conference schedule Saturday at 7:30 p.m. by hosting top-ranked Bellarmine University at the Physical Activities Center. Game coverage for all of USI’s regular season games, including live stats, video stream, and audio broadcasts, is available at GoUSIEagles.com. The games also can be heard on ESPN97.7FM and 95.7FM The Spin.
The Screaming Eagles enter Saturday’s action with a 4-1 mark and a four-game winning streak, while the Knights are 5-0 to begin 2018-19. Bellarmine was predicted to win the GLVC this season, while USI was picked fourth.
The USI-Bellarmine match-up is the second game of a three-game homestand for the Screaming Eagles at the PAC. USI concludes the three-game set December 16 when they host Midway University for a 1 p.m. contest.
USI Men’s Basketball Week 5 GLVC Quick Notes:
USI extends winning streak to four with win. USI extended its winning streak to four games with an 82-63 victory over Oakland City University. The Screaming Eagles led from start to finish, beginning with a 16-0 run to begin the game and extending the lead to 31 four times in the second half. Senior guard/forward Nate Hansen led all USI scorers with 16 points, while sophomore forward Emmanuel Little followed with 11 points and a team-high nine rebounds.
Stein named GLVC Player of the Week. Senior guard Alex Stein was named the GLVC Player of the Week after his 48-point effort versus Lake Super State University November 23. The award was the third of Stein’s career and his first of the season.
Stein in the top five. Senior guard Alex Stein is in the Eagles’ top-four all-time for scoring with 1,587 points. Stein is 32 points behind third-place Stan Gouard (1,619 points, 1993-96).
Hansen powers Eagles off the bench. USI senior guard/forward Nate Hansen has powered the Eagles off the bench. Hansen is third on the team in scoring with 13.0 points per game and has led the Eagles in points twice (20 points versus Malone; 16 points versus Oakland City). He is also is averaging a team-high 3.6 assists per contest.
USI vs. Bellarmine. USI leads the all-time series with Bellarmine, 50-42, but has lost the last five to the Knights and eight of the last nine (2014-15 to 2017-18). The last USI win over Bellarmine was at the PAC in the 2015-16 season in overtime, 89-82.
Bellarmine in 2018-19. The Knights are ranked number one nationally in both NCAA II polls and are 5-0 to start the season. Bellarmine started its week with a 74-60 home win over future GLVC member Lindenwood University.
USI vs. #1 Bellarmine. The Eagles are 2-2 against the Knights when they are ranked number one. USI defeated a top-ranked Bellarmine on 2012 Senior Night, 75-72, and in the 2012 GLVC Tournament, 71-68, in Springfield, Illinois. The Eagles lost to the Knights during the 2011-12 regular season, 67-53, and last season, 78-62, both at Knights Hall in Louisville, Kentucky.
USI vs. #1 Teams. USI is 4-6 historically versus number one ranked teams (2-2 vs. Bellarmine; 0-3 vs. Kentucky Wesleyan College; 0-1 vs. University of Findlay; 1-0 versus Michigan Tech University; 1-0 versus Metropolitan State University of Denver).
USI vs. Midway. USI and Midway will be meeting for the first time in the history of the programs on December 16 at the PAC.
Midway in 2018-19. The Midway Eagles are currently 5-3 overall in 2018-19 with games versus Cincinnati Christian University (December 1); Indiana University Southeast (December 4); Brescia University (December 8); and Indiana University Kokomo (December 15) before visiting the PAC.
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AG Curtis Hill joins bipartisan coalition in defending states’ rights to regulate rising costs of prescription drugs
Attorney General Curtis Hill this month joined a bipartisan coalition of 32 attorneys general in filing an amicus brief in the U.S. Supreme Court supporting states’ rights to regulate and address the rising cost of prescription drugs.
In Rutledge v. Pharmaceutical Care Management Association, the attorneys general argue that in order to protect the well-being of consumers, states must retain the right to regulate pharmacy benefit managers, also known as PBMs. PBMs act as gate-keepers among pharmacies, drug manufacturers, health insurance plans and consumers for access to prescription drugs. The brief filed this month argues that regulation of the prescription drug market, including PBMs, is a critical tool for states to address access and affordability of prescription drugs and protect residents.
In 2015, the state of Arkansas implemented a law that regulated PBMs by setting standards for generic drug prices. Under the law, PBMs must raise their reimbursement rate for a drug if that rate falls below the pharmacy’s wholesale costs. The law also created an appeals process for pharmacies to challenge these reimbursement rates. The law was challenged by the Pharmaceutical Care Management Association, which argued that the Employment Retirement Income Security Act (ERISA) prevents the State of Arkansas from implementing the law. Arkansas has asked the Supreme Court to hear the case.
“States must constantly safeguard their ability to act on behalf of their own citizens,†Attorney General Hill said. “Here in Indiana, we must step forward to protect policymaking prerogatives that rightfully rest with state government.â€
In this month’s filing, the attorneys general argue that state laws regulating pharmacy benefit managers are not restricted by federal law. Regulation is critical to the states’ ability to improve the transparency of prescription drug marketplaces and to protect consumers’ access to affordable prescription drugs, especially those in underserved, rural and isolated communities. In addition, the attorneys general assert that the regulation of pharmacy benefit managers promotes healthcare access and affordability for residents and that taking away a state’s ability to regulate would create confusion and uncertainty in the market and harm patients.
Aurora Gingerbread House Fundraiser!
THIS SATURDAY!
AURORA GINGERBREAD HOUSE FUNDRAISER
Aurora, a non-profit organization in Evansville that works to prevent and end homelessness, is excited for its annual Aurora’s Gingerbread House Fundraiser, presented by First Bank, this Saturday, December 1 at St. Vincent Manor at 3700 Washington Avenue from 9:30am-5pm. Just follow the Gingerbread signs!
The public is invited to watch this exciting culinary challenge while getting in the holiday spirit!
Competitor categories include Professionals, Amateurs and Children! The top three winners from each division will receive cash prizes, trophies or medals:
Professional Amateur Youth
Up to $1,000 Up to $500 Up to $100
A People’s Choice award will also be chosen in each division, which will be given to the team who collects the most donations at their table during the event.
Competitor registration will close on Friday, November 30 at 8pm, however, those interested can register today at www.auroraevansville.org.
The competition is expected to draw in over 1,500 people!
Guests will also enjoy the Woodforest Kid’s Korner, a holiday silent auction, pictures with Santa and live holiday entertainment! Admission is $5 per person, $10 per family.
Our generous sponsors include First Bank, Deaconess, Woodforest National Bank, IBEW, Brentwood Springs, Belcher Flooring, Brentwood Springs, Evansville Teachers Federal Credit Union, Into The Light Mental Health, JIVE, Old National Bank, Sign Crafters, U-Vet Animal Clinic, Vectren, ABK Alarms, Inc., Hafer, Johnstone Supply, Park Terrace Village, Riney Hancock, Shoe Carnival, Altstadt Plumbing Service, Inc., Anthem, AXIOM, Bosse Title Company, Farmer Scott Ozete Robinson & Schmitt LLP, FC Tucker (Ken Haynie), Fifth Third Bank, Harding, Shymanski & Company, Homes By Huffman/ Keller Williams, Ivy Tech Community College, J.E. Shekell, Kahn, Dees, Donovan & Kahn, LLP, Kemper CPA Group, LLP, Mortgage Masters (Aaron Cashmer), Net Savvy, Old Fashion Candy Company, Orange Leaf, Paradise Organics, Schultheis Insurance Agency, Shepherd Insurance, Siegel’s Uniforms, Team McClintock, The Turning Pointe, Total Title Services, Tri-State Trophies, Slade Print, Signarama, Madstache, Evansville Living, Nick Basham, TRU Event Rental, Townsquare Media, Lamar Outdoor, Directions Promotions, Schnucks, Midwest Communications, 14WFIE, 25WEHT and 44WEVV.
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HOT JOBS IN EVANSVILLE
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