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HOT JOBS IN EVANSVILLE
COA affirms attempted murder conviction on second appeal
Olivia Covington for www.theindianalawyer.com
A man twice convicted of attempted murder has failed to convince the Indiana Court of Appeals to again reverse and remand his conviction after filing three appellate challenges to his conviction within two years.
Michael Miller’s second appeal of his attempted murder conviction traces back to August 2014, when Jeremy Kohn and his girlfriend, Kylee Bateman, were sitting on the porch at Kohn’s Bloomfield home. The couple saw Miller walking through the neighborhood and waved at him, then began laughing at a story Bateman was telling.
Miller, believing the couple was laughing at him, went up to the porch, pulled out a pocket knife and cut Kohn’s throat without saying a word. Miller then turned and left in silence, and Kohn received 40 stitches to close the wound.
Miller was arrested three days later and eventually admitted to cutting Kohn’s threat. When asked if he wanted to kill Kohn, Miller said he didn’t care and claimed he didn’t have emotion.
After undergoing subsequent mental health treatment, Miller was convicted of Level 1 felony attempted murder. But the Indiana Court of Appeals ordered a new trial in March 2017 after finding the Greene Circuit Court incorrectly applied the standard of a “knowing†mens rea, rather than the “specific intent to kill†mens rea used to prove an attempted murder charged.
The following July, a majority of the Indiana Supreme Court upheld all aspects of the COA’s opinion except one — the order for a new trial. The majority justices held that the appropriate remedy would be for the trial court to reconsider the case under the appropriate legal standard and, thus, remanded the case to the trial court. Justice Geoffrey Slaughter dissented.
Once back at the trial court, Miller filed a motion for a change of judge, which was denied. The court then issued revised findings and conclusions and again convicted Miller of attempted murder under the proper mens rea. The COA upheld that conviction on Friday after Miller filed a second appeal in Michael A. Miller v. State of Indiana, 28A01-1712-CR-2918.
In his second appeal, Miller again argued the trial court applied the incorrect standard in finding him guilty, but Judge Paul Mathias said the revised findings “clearly, explicitly, and unambiguously found that Miller acted with the requisite specific intent to kill.†Mathias also said there was sufficient evidence to support an inference that Miller had that requisite intent.
“Here, Miller slit the victim’s throat with a three- to four-inch knife, requiring the victim to have over forty stitches to close the wound,†the judge wrote for the unanimous appellate panel. “… Under these facts and circumstances, the trial court, acting as the trier of fact, could reasonably conclude that Miller acted with the specific intent to kill when he slit the victims’ throat.â€
The panel also upheld the denial of Miller’s motion for a new judge on remand, finding no evidence of judicial bias.
Finally, in two footnotes, the panel wrote that if Miller was unhappy that he was not able to re-argue his case on remand, he should challenge that decision with the Supreme Court, which “made no reference to permitting Miller or the State to reargue the case†in its 2017 decision.
“READERS FORUM” JULY 14, 2018
We hope that today’s “Readers Forumâ€Â 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?
WHATS ON YOUR MIND TODAY?
Todays“Readers Poll†question is: If the election was held today for the Indiana United State Senate who would you vote for?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS†and “LOCAL SPORTSâ€.  You now are able to subscribe to get the CCO daily.
If you would like to advertise on the CCO please contact us CityCountyObserver@live.com.
Otters shutout for first time this season in loss to Normal
In a tight, well pitched ball game, the Evansville Otters dropped their opening game of the second half 1-0 to the Normal CornBelters on Friday night at The Corn Crib.
The Otters had an opportunity to break the scoreless deadlock in the seventh inning as they put their first two hitters of the inning on base. But three straight fly outs ended the threat for the Otters.
After seven innings of scoreless baseball, Normal finally broke through with the lone run of the game in the bottom of the eighth. With one out, Michael Baca doubled, the only extra base hit of the contest for either club. After advancing to third base on a fly out to right field, Baca scored when Santiago Chirino singled through the right side to put the CornBelters ahead 1-0.
In the ninth, the Otters got the tying run to second base with two outs, but Daniel Spingola grounded out to second base to end the game.
Anthony Herrera picked up the save for the CornBelters after throwing a scoreless ninth.
Otters starter Spencer Medick gets a no-decision after his best outing of the season with Evansville. Medick threw seven scoreless innings, striking out nine batters and allowing just two hits.
Normal starter Jacinto Garcia matched Medick pitch for pitch and received a no-decision as well. Garcia tossed seven shutout innings, allowing three hits.
Jonathon De Marte is credited with the win out of the bullpen for Normal as he threw a clean eighth inning.
Tyler Beardsley is hung with his third loss of the season after allowing one run in one inning of work.
The series will continue tomorrow evening when the two teams square off again at 7:05 p.m. at The Corn Crib.
Lanerie Rides And Wins At Ellis Park For First Time Since Wife’s Death
Corey Lanerie rode at Ellis Park Friday for the first time this summer as the four-time meet titlist resumed riding regularly following the June 22 death of his wife, Shantel.
With his third mount of the day, Lanerie was back in the winner’s circle for the fourth race, with track announcer Jimmy McNerney saying, “Hide the Honey with Corey Lanerie on her back, and an angel on his.â€
“It feels great to be back riding, doing what I love,†Lanerie told the media before the first race. “Kind of get life moving forward again, because it’s hard. I think when I get back to riding, it will kind of get my mind freed and back to normal life. It’s going to be weird. I really don’t know what I’ll feel like out there. I actually rode last weekend, and it was pretty good. Once I get on the horse, I focus on the race and my job, whatever I have to do. I think I’ll go out there and do my job and just let it go as it is, and I think I’ll be fine.â€
Lanerie rode in four stakes July 7 at Arlington Park near Chicago, coming away with a pair of fourth-place finishes. Those were his first mounts since June 17.
Shantel Lanerie was undergoing treatment for Stage 1 breast cancer when she underwent emergency surgery for an infected colon on June 21. She died the next day.
Lanerie wears an undershirt with “Fight with Shantel†on the collar embroidered in pink, as well as a bracelet.
“Before it happened, we’d ordered these shirts to ‘Fight with Shantel,’ so I’m going to just keep wearing them in honor of her,†he said. “The bracelet is the same thing. A bunch of us are wearing them, and we won’t forget her.â€
The Laneries have a 10-year-old daughter, Brittlyn. Shantel and Brittlyn were regular fixtures at the racetrack, known for their splendid attire when Lanerie received an award or reached a milestone victory.
“There will be an empty spot for sure,†Lanerie said. “Because she supported me through thick and thin. She was there when I wasn’t doing any good and at my best moments.â€
The jockey said his daughter is doing well. He said Brittlyn is with family in Louisiana and would be doing some traveling with close friends. But he acknowledged that facing life as a single parent is daunting.
“I think it’s sunken in,†he said. “Now I’m just scared of whatever the future has in store and whatever I’m going to have to do. I was lucky. She did everything, so it’s going to be a learning process for me. That’s kind of where I’m at, and I’m just going to take it day by day.
“It will be hard. With my career, to be honest, I don’t think I can do it as a single parent. I’m going to have to get some help. Shantel’s parents are going to come for a couple of weeks, and after that, my parents are going to come, my mom for sure, for at least three weeks, maybe a month so we can get Brittlyn settled in. Then I’m probably going to have to end up hiring a nanny or somebody. Because she likes to dance and all that, and to get her to and from practice with the hours I work, it just wouldn’t be possible.â€
Lanerie said he greatly appreciates the outpouring from the racing community.
“The support and the family love has been great. Everybody has reached out to me and offered their help, anything they can do. We’re a big family here, and it really showed. A lot of people have stepped up and just gone above and beyond, just with phone calls and stuff to do. It was amazing, so heart-warming.â€
Lanerie, a 43-year-old native of Lafayette, La., who has made Louisville home since moving to the Kentucky circuit in 2005, has won the last two Ellis Park training titles, as well as in 2013 (a tie with Roberto Morales) and 2010. The winner of more than 4,400 races, Lanerie is a 15-time meet leader at Churchill Downs.
Lanerie and Brittlyn were part of the award presentation when the jockey’s good friend Brian Hernandez Jr. was honored as leading rider for Churchill Downs’ spring meet. Hernandez held a one-win margin over Lanerie when Shantel was hospitalized on June 21.
“That was pretty special because Brian worked really hard and is a really good jockey,†Lanerie said. “He deserved to be leading rider. He came down (to Louisiana) for the wake. He was going to stay if I wanted him to, but I said, ‘If anybody is going to get it, Shantel would want you to have it. So go there and do what you do.’â€
Lanerie said he made the decision to return to riding because “It’s not going to get any better. Life has to go on, and I figure the sooner we go and start doing things and trying to get normalcy back in our life, things will be better.”
State Ends Fiscal Year With Surplus
State Ends Fiscal Year With Surplus
Staff Report
TheStatehouseFile.com
INDIANAPOLIS—Indiana ended the current fiscal year with a surplus of nearly $1.8 billion, State Auditor Tera Klutz announced Thursday.
The state’s annual fiscal closeout report, which is prepared by the Office of Management and Budget, indicated that Indiana’s reserves amount to 11.3 percent of general fund expenditures, or $1.785 billion.
“As the state’s Chief Financial Officer, I am pleased to report the State of Indiana remains financially strong,â€Â Klutz said in a written statement. “Indiana continues to adapt its spending to meet financial challenges that often occur. By continuing to live within our means and remain fiscally conservative, our state can be proactive, rather than reactive when faced with the realities of governing.â€
Klutz’s office recently updated Indiana’s transparency portal, which contains details information about the state’s revenues and expenditures. The site is accessible to the public.
The state, which finished the first year of a two-year budget cycle on June 30, has maintained AAA ratings with national credit reporting agencies. One benefit of a strong credit rating is that Indiana is able to borrow money at lower interest rates.
“It is because of our state’s long-standing fiscal discipline that we are able to withstand challenges this year and meet Hoosiers’ needs,†said Micah Vincent, director of the Office of Management and Budget, in a news release. “As we head into the next budget session, we must be mindful of financial pressures and maintain our commitment to fiscal health.â€
Gov. Eric Holcomb said in a statement that Indiana has ended the fiscal year with healthy reserves and a growing economy.
 “This is a tremendous achievement in light of serious needs in our Department of Child Services,†Holcomb said. “Looking ahead to the upcoming budget year, we must remain vigilant and manage state resources carefully to maintain our position as the fiscal envy of the nation.â€
FOOTNOTE: TheStatehouseFile.com is a news website powered by Franklin College Journalism students.
Folds Of Honor Foundation Receives $1.1 Million Donation from Schnucks
Folds Of Honor Foundation Receives $1.1 Million Donation From Schnucks
JULY 14TH, 2018 
MITCH ANGLE INDIANA
Schnuck Markets announced that Schnucks customers, vendors, and the company donated $1.1 million to the Folds of Honor Foundation. This nonprofit provides educational scholarships to the spouses and children of veterans who were killed or injured in the line of duty.
220 college scholarships for veterans’ family members will be provided thanks to these donations.
This money was collected during the six-week “Roundup at the Register†campaign, which allowed customers to round up their purchase to the nearest dollar to benefit Folds of Honor.
“We have always known that Schnucks customers are compassionate and kind, but we were overwhelmed by their response,†said Schnucks Chairman and CEO Todd Schnuck. “On behalf of Schnucks, ‘thank you’ for your incredible generosity and for the gratitude you’ve shown to our military veterans and their families.â€
The campaign took place from Memorial Day through Independence Day at all Schnucks stores across the five states where the company operates. Customers donated more than $975,000 in its run, and contributions from Schnucks and several of its vendor partners brought the total to $1.1 million.
The donation check will be presented to Major Rooney by Schnucks President and COO Dave Peacock at Busch Stadium on July 15th before the start of the game.
Commentary: Curtis Hill Is Entitled To Due Process
By Abdul Hakim-Shabazz
IndyPoltics.OrgÂ
Allow me to say something that probably won’t be very popular in some of Indiana’s political circles. Indiana Attorney General Curtis Hill should not step down, at least for now.
As you are likely aware, especially the closer you are to the I-465 bubble, Hill has been accused of inappropriate sexual behavior toward at least four women on the night on March 15, at an after party following the end of the legislative session. One of the women is State Rep. Mara Candelaria Reardon. That detail will be important later.
The alleged misconduct was reported to the legislative leadership at the Statehouse, and Indiana lawmakers commissioned a review by an Indianapolis law firm to see what liability there might be for the state. In the middle of all this, the confidential report was leaked, and calls have been coming from the governor, Statehouse leaders, and victims’ rights groups for Hill to step down.
Hill has refused, and he is right to do so.
Now before we go any further, let’s make a couple items clear. The attorney general and I are friends; there are not a lot of African-American conservative lawyers running around this state, so we tend to chat frequently. I also have close, personal relationships with the governor and many lawmakers, including those who commissioned the report.  Also, the attorney general’s Office has advertised with my political website, IndyPolitics.Org. So, with that said, here is why Hill should stay.
First, no one involved with the legislative report spoke with the attorney general to get his perspective on the incidents that evening. Granted, Hill is not an employee of the legislature, but if he were, he would have been brought in and questioned about his alleged behavior. At the very least, he should have been granted that opportunity. Or at the very least, reached out to shortly after the allegations were made and invited to give his side of the story.
Second, there appears to be some inconsistency with Reardon’s story on how many times Hill reportedly groped her. In the legislative memo, she says Hill reached beneath her clothing twice and her buttocks twice. However, in her column she penned for statewide publication she did not describe Hill reaching beneath her dress and says she moved away before him touching her a second time. In an interview with The Indianapolis Star, she said it was a “misunderstanding†between her and the investigators.
I can tell you as an attorney, that’s a significant misunderstanding. It also goes to the heart of the most potentially damning charge against Hill, sexual battery. One time can be chalked up to an accident, twice is definitely cause for further exploring criminal charges. So, if that part of the story is inconsistent, and throw in the fact that no one interviewed Hill, you can see why he’s arguing his right to due process is being violated, wants the Marion County prosecutor to investigate (that’s also because a number of procedural safeguards kick in), and why he won’t step down.
And even though the matter is being referred to Indiana’s inspector general, questions have surfaced as to whether the IG even has the legal authority to investigate the issue, and if so, can there be a fair and impartial investigation since the governor has called on Hill to resign?
Most disappointing in all this has been the position of the Indiana Black Legislative Caucus, which has also called on Hill to resign. This is a group that frequently bemoans what they allege is unfair treatment of black men in the criminal justice system and a lack of procedural safeguards. So, instead of calling for an independent investigation, they immediately jump on the resignation bandwagon.
So, with the above as the backdrop, this is why I don’t think Hill should step down. I am not saying he is innocent, nor that his accusers are lying. It’s been my experience as an attorney, that many times in cases like this the truth lies somewhere in the middle. However, we always ensure due process is done. I argue it protects the accused as well as the accuser because there is a fair vetting of the issues and allegations. Anything less would be as wrong as the acts Hill is accused of committing.
Abdul is an attorney and the editor and publisher of IndyPoltics.Org. He is also a frequent contributor to numerous Indiana media outlets. He can be reached at abdul@indypolitics.org.