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Condemned Killer Challenges State’s Execution Process

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By Adrianna Pitrelli for TheStatehouseFile.com

INDIANAPOLIS — A death row inmate is challenging the state’s current method of execution on the grounds that the public should have had a chance to comment on the process put in place three years ago.

The Indiana Supreme Court considered the fate of the state’s death penalty protocol Thursday after hearing oral arguments in the case of Roy Ward. The case comes after Ward broke into a Dale, Spencer County, home in 2001 and raped and murdered a 15-year-old girl. He was sentenced to death in 2007.

Ward’s attorney, David Frank of Fort Wayne, argued the state didn’t properly follow administrative procedures when it chose the new lethal injection drug cocktail in 2014.

“The General Assembly dictates by law this combination of drugs use,” Justice Mark Massa said.

“If a state agency or unelected state agency adopts new protocols, they should do it in front of the public,” Frank said, noting current statute says public comment must be allowed. He argued because there was no public hearing, the death penalty protocol adopted in May 2014 is considered void.

The third drug added to the state’s cocktail — methohexital — has never been used in another state, which makes some wary about how it would affect death row inmates.

Often, death penalty appeals revolve around whether the drug mixture amounts to a violation of the 8th Amendment’s provisions against cruel and unusual punishment. Ward isn’t arguing that point, focusing instead on the drug not being chosen in front of the public.

But some justices wanted to know why this is being brought up now.

“This issue has never been raised before,” Justice Steven David said. “It’s not like the Department of Correction changed this in the last 25 years. There has never been a rule making application with what the ingredients of the injection are.”

This issue, however, has been raised in other states. In 2010, a Kentucky judge halted executions over concerns about the three-cocktail injection. In 2012, the state said it would switch to a two-cocktail injection, which uses a sedative and painkiller.

Indiana State Attorney Stephen Creason argued the statute gives the Department of Correction authority to choose lethal injection drugs like it did three years ago.

“Choice of drug only matters as to whether it constitutes cruel and unusual punishment under the federal Constitution if constitutionally valid the opinions of the public, the state agency and the state courts don’t matter in choosing a new drug,” Creason said.

There have been no execution dates set for the 12 death row inmates at the Indiana State Prison in Michigan City. If Ward’s appeal prevails, then the state would be left without legal means of carrying it out.

However, if the change enacted by the Department of Corrections was considered a rule, then it would have to go through the administrative process — if not, it stands as is.

The state’s high court is expected to decide the case in the next several months.

FOOTNOTE: Adrianna Pitrelli is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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TALK IS CHEAP And BETTER By Jim Redwine

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Gavel Gamut By Jim Redwine

TALK IS CHEAP (& BETTER)

Gentle Reader, you may recall last week’s column that set out the general philosophy of the Posey Circuit Court: “Talking is better than fighting”. Or, more generally, resolving conflicts instead of exacerbating them is what courts should do and the earlier the better.

Over twenty years ago my staff and I were searching for ways to ease the pain of Posey County families involved in divorce cases. At that time, my court reporter Synda Waters had the main responsibility for domestic relations matters in the Posey Circuit Court. With Synda’s help and the input of the rest of the court staff we initiated the procedure we still use today to attempt to assuage the fear, anger and frustration of couples who managed to once fall in love but for myriad reasons must now apply to the Court to untangle themselves.

The most salient feature we noted in many of these cases was people refused to talk to one another. Pride, disgust, jealousy, etc., etc., etc., prevented once loving couples from communicating with each other and, therefore, from any real chance of solving their problems.

Other sticking points were often lack of money and almost every case took too long. We decided we needed a faster, cheaper, less traumatic system of getting divorcing couples to where they could get on with their new lives even though they might still be tethered to their old ones, say for example, because of children or ongoing businesses.

We knew that statistically practically every court case resulted in some form of settlement. So we sought a procedure that would help couples settle their cases by themselves inexpensively and as close as possible to when the case was filed. Talking to one another at the beginning of the case as opposed to avoiding contact until later during an expensive and lengthy trial appeared to us to offer a better opportunity to set aside pride and discuss problems. The court-ordered Pre-pre-trial method was born.

Couples who had ceased communicating during their marriage were encouraged and facilitated by the Court to meet and attempt to resolve their conflicts. What we found was that once couples discussed their problems, often with the help of a court-appointed mediator, they could usually settle their case on their own. This simple, inexpensive procedure usually results in cases being resolved, children being better cared for, money being saved and families being able to maintain civil relationships even after the divorce.

A similar procedure is employed in most cases in the Posey Circuit Court although, of course, not every case is settled early and sometimes problems never get solved. However, I suggest Posey County is a more pleasant place for all of us to live when people with what they may have once thought were intractable problems sit down and work them out on their own.

As I have occasionally explained to warring couples who find it difficult to talk to one another and instead decide to come into Court spoiling for a fight, they can either have some stranger, me for example, decide their futures or they can do it themselves quicker, cheaper and better.

For more Gavel Gamut articles go to:

www.jamesmredwine.com

 

Empty Bowls Event Nov. 11 Raises Funds and Awareness for Hunger Relief

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The Ceramics Center at USI has been working full tilt to make more than 1,000 bowls for the 2017 EMPTY BOWLS Evansville Event, sponsored by the USI Art & Design Department with support from Ivy Tech business students.

The event is planned for Saturday, Nov. 11, from 11a.m. – 2 p.m., at Sauced, 1113 Parrett St., in Evansville’s Art District. The wide variety of soups will be provided by Sauced.

Empty Bowls is a national non-profit organization that lends its name to any organization fundraising for hunger by making and selling ceramic bowls. This is the sixth Empty Bowls event that Alisa (AL) Holen, associate professor of ceramics at USI, has organized.

Holen’s ceramics 1-3 courses were re-classified as “Service Learning” courses in the fall, which opens up the courses to focus on service as well as ceramics. USI Students have been educating as well as learning as groups come into the Ceramics Center at USI to make bowls. After the bowls have been made, USI ceramics students trim and sign each bowl with the maker’s name. They then bisque fire the bowls, glaze the bowls, and glaze fire the bowls in the electric, gas, and salt kilns.

Ivy Tech students in the School of Business, Logistics, and Supply Chain have teamed up with the ceramics students at USI to help organize the event. These students have spent their time organizing the event with soup providers, advertising, and with organizational details. Their work on the project strengthens their understanding of companies acting in a manner which is legal, ethical, and socially responsible.

Each bowl made by the community will be sold for $10/each and come with a choice of soup donated by Sauced, water donated by Tropicana, and a Zip Stick donated by Azzip. Empty Bowls will also feature a “Pro-Bowl” room with professionally-made bowls at higher prices.

Proceeds from this event will be used to support local organizations fighting hunger.

For additional information contact:  Faith Fox, Ivy Tech assistant professor, ffox6@ivytech.edu.

 

UE to Show Documentary “8 Borders, 8 Days” 

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The documentary 8 Borders, 8 Days will be shown Tuesday, November 14, at 6:00 p.m. in Room 170 of the Schroeder School of Business Building on the University of Evansville campus. The screening will be followed by an interactive discussion with the movie’s director Amanda Bailly, UE philosophy professor Derek Jones, and a panel of Syrian and American students. The event is free and open to the public.

The film follows a Syrian family who were not accepted for resettlement to the US and instead traveled with smugglers in a raft to Europe.

“The majority of people in the United States who want to close our doors to refugees have never actually heard the voices of the people affected,” said Bailly. “This film tells the story of three of them, and they’re three of the strongest, most resilient human beings I’ve ever met.”

8 Borders, 8 Days premiered to sold-out screenings at the Florida Film Festival and Seattle International Film Festival, where it was awarded a $50,000 impact filmmaking grant. It has been called “raw, emotional,” and “unblinking.”

Donations will be accepted at the event for the Karam Foundation, a non-profit organization on a mission to build a better future for Syria. The foundation develops innovative education programs for Syrian refugee youth, distributes smart aid to Syrian families, and funds sustainable development projects initiated by Syrians for Syrians.

The screening and panel discussion is being co-sponsored by Scholars for Syria and Books Not Bombs, a student-led campaign aimed at creating scholarships for displaced Syrian students. Through donations at the event and online, Scholars for Syria and Books Not Bombs hope to add to the Karam Foundation fund that is empowering Syrian refugees to succeed in school and beyond.

For more information on the event at UE, call 732-239-4139, e-mail gv15@evansville.edu or go to www.facebook.com/events/1987428101542302/?active_tab=about.

SCOTTY MCCREERY TO PERFORM AT THE OLD NATIONAL EVENTS PLAZA ON FEBRUARY 8TH FOR VALENTINE’S DAY Tickets Go On Sale Friday, November 10th at 10am

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Season 10 American Idol winner, Scotty McCreery, will be performing at the Old National Events Plaza in Evansville for Valentine’s Day on February 8, 2018 at 7:30PM. Tickets will go on sale Friday, November 10th at 10am. Tickets can be purchased at the Old National Events Plaza box office, by phone at 800-745-3000, or online at www.ticketmaster.com.  Tickets will be $25, $35, $45, & $55 plus fees.

ABOUT SCOTTY MCCREERY:

Scotty McCreery burst onto the national music scene in 2011 at age 17, quickly establishing himself as one of country music’s hottest new stars. By age 21, the talented singer/songwriter has sold more than 2.5 million albums and received both Platinum and Gold album certifications, debuted three consecutive albums at No. 1 on a Billboard chart, achieved one Gold and three Platinum-certified singles as well as two Top Ten hits, toured with Brad Paisley and The Band Perry, headlined his own tours, earned industry and fan accolades, amassed more than three million followers on Facebook and Twitter, received more than 150 million YouTube views…and he’s just getting started!

His deep voice and irresistible sound create the perfect blend of contemporary and traditional country. With more than 300 live shows under his belt across the U.S., Canada, the Philippines and the Caribbean, McCreery has quickly become a crowd favorite appealing to all ages. His loyal fans – the McCreerians – are among the most dedicated and enthusiastic in the country music world.

After winning Season Ten of “American Idol” and capturing the hearts of millions of television viewers nationwide, McCreery released his debut album, which was the best-selling solo album released by a country artist in 2011. Indeed, he became the youngest man in history to have his first album debut atop the all-genre Billboard Top 200 albums chart.

That album, Clear As Day, was certified Platinum for sales of one million units in just thirteen weeks, and the first two singles from that album (“I Love You This Big” and “The Trouble with Girls”) have since been certified Platinum. He won the New Artist of the Year Award at both the Academy of Country Music (ACM) Awards and the American Country Awards in 2011, and received the CMT Music Award for the USA Weekend Breakthrough Video of the Year for “The Trouble with Girls” in 2012.  That same year, his Christmas album, Christmas with Scotty McCreery, was released. It debuted at No. 1 on the Billboard Top Holiday Albums chart and was quickly certified Gold.

His highly anticipated sophomore album, See You Tonight, was released in October 2013 and debuted at No. 1 on the Billboard Country Albums chart. He co-wrote five songs on the album, including the first single, “See You Tonight,” which was certified Platinum and became his first Top Ten hit. The music video for “See You Tonight” spent an impressive 11 weeks at No. 1 on GAC’s fan-voted “Top 20 Countdown.” The album received rave reviews from publications ranging from Rolling Stone and People to “Entertainment Tonight” and The Los Angeles Times. Soon after its release, he won the Breakthrough Artist Award at the 2013 American Country Awards. A month after turning 21 in 2014, McCreery was voted No. 2 on “Country’s Sexiest Men Poll” by the readers of Country Weekly while also becoming a frequent fixture on many “Best Dressed” lists for his Red Carpet appearances. Before the year ended, his single, the fan-favorite “Feelin’ It,” became his second consecutive Top Ten hit. The single was certified Gold in 2015.

When he steps off the stage, McCreery returns to being a typical “guy next door.” After winning “American Idol,” the gifted performer graduated from his local high school and later enrolled at North Carolina State University. An avid sports fan and outdoorsman, he can be found at Wolfpack basketball games, attending the Super Bowl, or playing golf around the country as he tours. A proponent of giving back, McCreery has supported a host of charitable causes including St. Jude Children’s Research Hospital, The 12.14 Foundation, World Vision, MLB RBI (Reviving Baseball in Inner Cities), The Opry Trust Fund, and a variety of organizations in his native North Carolina.

McCreery has toured with Rascal Flatts on their RIOT TOUR 2015 this summer in addition to doing solo dates throughout the year. In-between concerts, he has been writing and recording songs for his highly anticipated new studio album, due out in early 2016.   The first single from the album, “Southern Belle” (written by Jason Saenz and Sean McConnell) can be heard on country radio now.  The album is being produced by Frank Rogers.

Justices Rule State Immune To Ex-IDEM Worker’s Whistleblower Claim

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Marilyn Odendahl for www.theindianalawyer.com

A divided Indiana Supreme Court has found that the state is immune from a non-tort claim made by a former state employee under the Indiana False Claims and Whistleblower Protection Act.

Suzanne Esserman, a former employee of the Indiana Department of Environmental Management, said she was fired in retaliation for calling attention to questionable payments from the excess-liability trust fund. She claimed the disbursements were made without proper documentation and many applicants received payments to which they were not entitled.

A split Supreme Court affirmed the Marion Superior Court’s dismissal of her lawsuit in Suzanne E. Esserman v. Indiana Department of Environmental Management, 49S02-1740-PL-00189. The majority of justices found Indiana has not waived sovereign immunity because the Legislature did not “clearly evince” in the whistleblower statute that the state could be subjected to lawsuits for violations of the act. Esserman argued that under the whistleblower provision, Indiana Code section 5-11-5.5-8, the state is not immune. The language of Section 8 does not expressly prohibit a lawsuit against the state.

The Indiana Court of Appeals agreed and reversed the trial court’s ruling. The unanimous panel rejected the state’s argument that common law sovereign immunity applies, noting that in Section 8, the word “employer” is not defined and, therefore, does include the state.

However, the Supreme Court took a thorough review of the doctrine of sovereign immunity and concluded Indiana does retain common law sovereign immunity for non-tort claims. To waive immunity, the statute must be unequivocal and Section 8 fails in that regard.

“The statute, while clearly stating that an employee may sue her employer, does not name the State (or one of its agencies or officials) as a permissible whistleblower defendant,” Justice Geoffrey Slaughter wrote for the majority. “Had the legislature intended to subject the State to whistleblower liability, it could have expressed that intention any number of ways.”

Justice Steven David dissented, arguing the plain meaning of the term “employer” in the statute includes the state. He contended Esserman could bring a claim under against IDEM under the Whistleblower statute.

“While I agree with the majority that the legislature could have defined employer in this section to include the State, I do not believe that not including such a definition serves to exclude the State looking at the plain language here,” David wrote. “There is no limiting language indicating any exceptions or carve outs for the State or any other entity that has employees.”

Slaughter did point out state employees can find remedy under the State Personnel Act, I.C. 4-15-10-1, -4. Although the employee could receive 30 days back pay and reinstatement, the justice conceded the remedy is not as generous as that provided by the whistleblower act.

 

HOT JOBS IN EVANSVILLE

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University of Southern Indiana 58 reviews – Evansville, IN
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College Goal Sunday

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What:  College Goal Sunday Event to Help Families with Preparing the Free Application For Federal Student Aid (FAFSA)

When:  Sunday, Nov. 5 – 2-4 p.m.

Where: Ivy Tech Carter Library

3501 N. First Avenue

Background: Financial Aid professions from area institutions of higher education will offer free assistance to individuals and families during the College Goal Sunday event at Ivy Tech Community College to complete the Free Application for Federal Student Aid (FAFSA). Completion of the FAFSA is important, because it is essential for individuals to be considered for federal and state grants, scholarships, and student loans. The state grant filing deadline for the 2018-19 school year is April 15, 2018. Students are encouraged to file their FAFSA early for more opportunities to be selected for aid.

Contact at the event: Casey Trela, director of financial aid, Ivy Tech Community Colleg

Complete News Release

Free FAFSA assistance for students at 16 Ivy Tech Community College locations for College Goal Sunday

INDIANAPOLIS, Ind. – Financial aid professionals will be volunteering at 16 Ivy Tech Community College campus locations on November 5 at 2 p.m. to 4 p.m. (local time) for College Goal Sunday. This annual event provides free assistance for Hoosier families to complete the Free Application for Federal Student Aid (FAFSA).

College Goal Sunday events will be hosted at the following Ivy Tech locations: Anderson, Avon, Bloomington, Crawfordsville, East Chicago, Evansville, Fort Wayne, Franklin, Greencastle, Indianapolis, Lafayette, Logansport, Muncie, Terre Haute, Valparaiso and Warsaw.

“We hope all Hoosiers who have not filed already, take advantage of College Goal Sunday events across Indiana, file the FAFSA, and get one step closer to fulfilling their educational goals,” said Bill Wozniak, co-chair of College Goal Sunday.

Daylight Savings ends on the same day as College Goal Sunday, so students are encouraged to verify the correct time with the location they plan to attend.

Hoosier students who plan to attend college must file their FAFSA to be considered for federal and state grants, scholarships and student loans. The state grant filing deadline for the 2018-19 school year is April 15, 2018. Students are encouraged to file their FAFSA early for more opportunities to be selected for aid.

Volunteers at College Goal Sunday will walk through the application with students and answer questions. All sites offer FAFSA online capabilities and many will have Spanish interpreters. A complete list of sites can be found at CollegeGoalSunday.org.

What students should bring

Students should attend College Goal Sunday with their 2016 IRS tax returns and W-2 forms, as well as current investment and bank records. Parent(s) or guardian(s) will need to attend with high school students and bring their tax and investment information. In addition, students must bring their Federal Student Aid (FSA) identification number, which can be created at fsaid.ed.gov.

Attendees may win educational prizes

By attending College Goal Sunday and completing an evaluation form, students will be entered to win one of five $1,000 scholarships. Winners will be notified in December. Prizes will be sent directly to the higher education institution selected by the winning student.

21st Century Scholars benefit

21st Century Scholars are income-eligible students who sign a contract in the seventh or eighth grade promising they will graduate from high school, meet grade point requirements, fulfill a pledge of good citizenship and apply for college financial aid.

Upon high school graduation, eligible Scholars who have fulfilled the commitment will receive state funds to help cover their college tuition and fees for eight semesters at eligible Indiana colleges. To fulfill their pledge, scholars must submit a completed FAFSA form on time. College Goal Sunday can help.

Additional Information

College Goal Sunday originated in Indiana and has become a national model to help hundreds of thousands of students file the FAFSA. For more information about College Goal Sunday, visit CollegeGoalSunday.org.

About College Goal Sunday

College Goal Sunday is a cooperative, charitable effort of the Indiana Student Financial Aid Association (ISFAA). It is provided in cooperation with the Indiana Commission for Higher Education, and is funded by Lilly Endowment, Inc., NCAN and INvested.

VEX Robotics Competition

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What: Annual VEX Robotics Competition

When: November 4, 9 a.m.-Noon

Awards Ceremony at 11:30 a.m.

Where:  Room 147, Vectren Auditorium

Ivy Tech Community College, 3501 N. First Avenue

Enter through Entrance C, off Colonial Drive. (north side of building)

Background: Students in grades 4-12 interested in robotics are participating in the annual VEX Robotics competition at Ivy Tech Community College Evansville. The VEX Robotics Challenge begins at 9 a.m., and will last until the awards ceremony around 11:30 a.m. This year’s competition is titled “Math Whiz,” and is sponsored by Ivy Tech’s School of Advanced Manufacturing, Engineering and Applied Technology.

The focus of the contest is for the team members to be able to think on their feet. The teams will be supplied ahead of time with angles and elevations of turns. In a series of challenges, competitors will have to calculate times and distances to see how well they know their robot’s capabilities. Distances will not be disclosed until the race starts. The VEX Robotics Design System offers students an exciting platform for learning about areas rich with career opportunities spanning science, technology, engineering and math (STEM). These are just a few of the many fields students can explore by creating with VEX Robotics Technology. Beyond science and engineering principles, a VEX Robotics project encourages teamwork, leadership and problem solving among groups.