Home Blog Page 4649

High court agrees to decide future of Indiana’s death penalty

0

Olivia Covington for ow..theindianalawyer.com

The Indiana Supreme Court will decide whether the state’s method of carrying out the death penalty can stand after the justices agreed to hold oral arguments in an appeal of the Indiana Court of Appeals ruling that voided the current death penalty protocol.

The high court unanimously granted transfer to the case of Roy Ward v. Robert E. Carter, Jr., et al., 46S03-1709-PL-569, last week. In that case, the Indiana Court of Appeals ruled in June that the Department of Correction’s failure to enact new lethal-injection protocols under the Administrative Rules and Procedure Act, subject to public comment, made the death penalty protocol adopted in May 2014 “void and without effect.” That protocol included a three-drug cocktail that has not yet been used in any state or federal execution.

“Finding the General Assembly has not exempted the DOC from ARPA and that the statutory definition of ‘rule’ clearly includes the DOC’s execution protocols, we reverse,” Judge John Baker wrote in the June opinion, referencing a previous dismissal of the case by the LaPorte Circuit Court.

The appellate court’s ruling came after Roy Ward was sentenced to death for the 2001 rape and murder of 15-year-old Stacy Payne in Spencer County. Ward, who was sentenced in 2007, is one of 12 people on death row in Indiana.

At the time of the June 1 decision, a spokesman for Indiana Attorney General Curtis Hill said Hill’s office was disappointed with the decision. In its petition for review by the Supreme Court, the state argued the Court of Appeals panel “eschewed … legislative judgment and substituted its own.” Other legal experts said the decision left the future of the death penalty in Indiana in limbo. Oral arguments in the case have not yet been scheduled.

The high court also agreed to hear the case of B.A. v. State of Indiana, 49S02-1709-JV-567, in which delinquency findings were upheld against a 13-year-old who threatened to bomb his school. The Indiana Court of Appeals ruled in March that because an in-school interrogation of 13-year-old B.A. was led by a school official, it did not trigger a Miranda warning, so the trial court did not err in admitting the statements the teenager made during that interrogation.

Finally, the justices unanimously agreed to decide whether three counts of resisting law enforcement should be entered against a man who was convicted after a single incident.

In Brian L. Paquette v. State of Indiana, 63S04-1709-CR-570, Brian Paquette crossed a median while fleeing police officers in his car and struck two vehicles carrying a total of four passengers, three of whom were killed. Paquette was convicted on three counts of resisting law enforcement – one for each of his victims – but the Indiana Court of Appeals reversed in June, finding only one incident of resisting law enforcement had occurred.

The high court denied transfer to the case of Lucy Mundia v. Drendall Law Office, P.C., 71A05-1610-PL-2388, forcing a South Bend law firm to face a legal malpractice suit. Lucy Mundia filed a malpractice complaint against the Drendall Law Office after Stephen Drendall failed to file a tort claim notice on her behalf against the South Bend Police Department and St. Joseph County Prosecutor’s Office, which mistakenly released Mundia’s husband, Edward Mwuara, from jail.

Mwuara had been arrested on suspicion of violating a protective order against Mundia’s 6-year-old daughter, Shirley, but authorities misspelled his name upon his arrest. Thus, when a deputy prosecutor checked the protective order registry under the misspelled name, she found no active order, so Mwuara was released. He then attacked Mundia and Shirley, fatally wounding the young girl.

When Mundia brought her malpractice suit against the firm, Drendall claimed the police department and prosecutor’s office were immune under the Indiana Tort Claims Act, so she could not have succeeded on her claims against them even if he had filed the tort claim. The trial court agreed and granted summary judgment to Drendall, but the Indiana Court of Appeals found otherwise and ordered the case to continue to a malpractice trial. A divided Indiana Supreme Court agreed by denying transfer, though justices Mark Massa and Geoffrey Slaughter voted to grant transfer.

The high court denied transfer to 21 other cases last week. The full list of transfer actions can be read here.

North Jr. Principal Elected to National Board

0
North Junior High School Principal Aaron Huff was recently elected to a four-year term on the Board of Directors of the National Association of Secondary School Principals (NASSP). Huff was elected at the Association’s annual conference last month in Philadelphia, Penn.
The NASSP consists of 22,000 middle and high school administrators from across the country, making it the largest educational administrator organization in the United States. It administers the National Honor Society, National Junior Honor Society, National Elementary Honor Society and the National Association of Student Councils. More than 30,000 chapters are included in the NASSP and it represents more than one million students.

Free Field Trips 

0
Field Trip Fund

Free Field Trips

Groups of 10 or more K-12 students visiting from accredited Indiana schools and homeschools can receive free museum admission during the academic year. Call guest services at 317.232.1637 to book your free field trip today.

Many thanks to our generous Field Trip Fund Sponsors for their support!

Messer Calls on Donnelly to Denounce Democrats’ Bigoted Anti-Catholic Remarks By Returning Anti-Catholic Campaign Cash

1
Senators Feinstein and Durbin attacked a judicial nominee from Notre Dame Law School for her Catholic beliefs
Indianapolis, IN – Today Luke Messer called on Senator Joe Donnelly to denounce Senators Diane Feinstein and Dick Durbin for their anti-Catholic and anti-religious remarks last week, and to return campaign contributions from political committees run by the two liberal Senators. Luke’s statement comes following a Senate Judiciary confirmation hearing last week where Amy Coney Barrett, a Notre Dame law professor and nominee for the powerful Seventh Circuit Court of Appeals, was ridiculed for her religious beliefs by Democrat Senators Diane Feinstein and Dick Durbin.
The grilling by two leading Senate Democrats has been called “religious bigotry, pure and simple”by columnist Kirsten Powers. Notre Dame President John Jenkins sent an open letter to Feinstein saying “It is chilling to hear from a United States Senator that this might now disqualify someone from service as a federal judge.”
Both Feinstein and Durbin have been major contributors to Donnelly’s campaigns and were unapologetic after they earned wide criticism. Durbin’s explanation of his questioning to National Review made clear he was coming close to imposing a religious test. “I prefaced my remarks by saying that going into a person’s religion is not the right thing to do in every circumstance. But she’s been outspoken,” Durbin is quoted as saying.
Messer says Donnelly cannot have it both ways and should give back the money he has taken from the anti-Catholic liberals.
“Today, I am calling on Senator Donnelly to return the campaign contributions from Senator Feinstein and Senator Durbin, and pledge to not take any more money or attend any fundraisers with Feinstein and Durbin until they both apologize,” said Luke Messer. “Bigotry targeted at someone’s religion is beyond the pale.”
Feinstein’s attack on Barrett’s Catholic faith, was summed up in her sneer during the committee hearing: “The dogma lives loudly within you,” Feinstein said. “And that’s of concern when you come to big issues that large numbers of people have fought for for years in this country.”
Durbin specifically pried into the nature of Barrett’s religious beliefs, asking her “Do you consider yourself an orthodox Catholic?” Seemingly alluding that the extent of her beliefs could impact her ability to serve on the bench.
Messer said, “Joe Donnelly should do the right thing. Condemn these remarks for what they are, unbridled bigotry, and prove he means it by returning campaign contributions from Senators Feinstein and Durbin. If he doesn’t, it will serve as more evidence he is out of step with Hoosiers and wedded to the liberal special interests that fund his campaigns. Amy Coney Barrett is highly qualified and she shouldn’t be ridiculed for her Catholic beliefs.”
According to Federal Election Commission reports, Senator Donnelly has received $10,000 from political committees led by Senator Feinstein and $15,000 from those of Senator Durbin.
Amy Coney Barrett is an associate professor of law at Notre Dame Law School. The entire full-time faculty of Notre Dame’s law school has signed a letter supporting her nomination, which was first encouraged by Senator Todd Young (R-I). On May 8, 2017 President Trump nominated Barrett to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, the second highest court in the nation for Indiana, Illinois, and Wisconsin.

Death List Records

0

Death List WK 9-4-17 TO 9-8-17

Adopt A Pet

0

Bailey is a 7-month-old male Bluetick Coonhound. His original family was moving and purchased him from a newspaper ad. His adoption fee is $100 and includes his neuter, microchip, vaccines, and more! Contact Vanderburgh Humane at (812) 426-2563 or visit www.vhslifesaver.org for details!

Dr. Bucshon’s Statement on 9/11 Anniversary

0
 
(WASHINGTON, D.C.) – Eighth District Congressman Larry Bucshon, M.D. released the following statement honoring the 16th Anniversary of the terrorist attacks on September 11, 2001:

“September 11th 2001 will forever mark the strength and resilience of the American people. As a nation, we remember the innocent lives lost and honor the heroes of that day and of days since. We will never forget.”
Congressman Larry Bucshon, M.D. is a physician and Republican member of the House Energy and Commerce Committee serving his fourth term representing Indiana’s 8th Congressional district. The 8th District of Indiana includes all or parts of Clay, Crawford, Daviess, Dubois, Gibson, Greene, Knox, Martin, Owen, Parke, Perry, Pike, Posey, Spencer, Sullivan, Vanderburgh, Vermillion, Vigo, and Warrick counties.

EPD ACTIVITY REPORT

0

EPD REPORT

Aces outlast Morehead State, 2-1

0
                                                              
                                                                          Lear and Portenier push Aces past Eagles
 
 The University of Evansville women’s soccer team scored early and held on late for a 2-1 victory over Morehead State on Sunday afternoon at Arad McCutchan Stadium.

“We started out awesome with energy, intensity, and had a great finish early on to give us some confidence and that helped put them on their back foot,” said Aces’ head coach Krista McKendree. “We’re getting better and that’s what we’ve been talking about for them.”

It all started quickly for the Aces, as junior midfielder Molly Lear scored just 29 seconds into the match on a shot from 15 yards out. The goal was the first of the season for Lear and is the fastest goal for the Aces since Abby Springer scored 17 seconds in a 3-0 win over Belmont on September 13, 2013.

“It’s a great start. There’s nothing more you can ask for,” said Lear on her early score. “But then its about thinking the fact that you have 89 minutes left after that.”

Evansville added another goal in the 31st minute as senior forward Montana Portenier received the ball after a header by freshman Jayme-Lee Hunter and finished it at point blank range past the keeper.

Entering halftime, the Aces held an 8-2 advantage in shots and a 2-1 edge in corner kicks.

 

In the second half, the Eagles trimmed the Aces’ advantage in half with a goal by Marisa Lavatori in the 51st minute.

The Eagles fired seven more shots in the second half, but Morehead State could not find the equalizer as the Aces captured a 2-1 victory.

For the Aces, freshman forward Katie Scroeder led the way with five shots, while Portenier took four shots with a goal. Freshman goalkeeper Michaela Till earned her fourth win of the season in goal, allowing a goal and making two saves.

In the match, the Aces dominated Morehead State in shots, 19-10, and earned five corner kicks to jus tone for the Eagles.

Eagles grounded by Saints, 2-0

0

The 21st-ranked University of Southern Indiana men’s soccer team could not overcome goals in the first and second half in losing to Maryville University, 2-0, Sunday afternoon in St. Louis, Missouri. The Screaming Eagles fall to 2-2-0 overall and 0-2-0 in the GLVC, while Maryville sees its record go to 4-0-0 overall and 2-0-0 in the league.

The Eagles fell behind late in the first half when the Saints scored at 41:46. Maryville had the momentum during the opening 45 minutes, outshooting USI, 9-2 overall and 9-1 on-goal. Maryville, in the second half, continued to have more chances on-goal and broke through at 78:37 with a goal that sealed USI’s fate.

Overall, USI was outshot, 19-8 overall and 14-4 on-goal, in the match. Eagles’ senior goalkeeper Adam Zehme (Orland Park, Illinois) battled valiantly in goal for USI making a career-high 12 saves, three short of the program’s single game record.

USI completes its four-match and longest road trip of the season when it travels to Louisville, Kentucky to play Bellarmine University. Bellarmine, which hosts McKendree University Friday before hosting USI, saw its record go to 3-1-0 overall and 1-1-0 GLVC after defeating Missouri University of Science & Technology, 3-1, in Louisville this afternoon.

USI leads the all-time series with Bellarmine, 24-13-2, and going 4-0-1 in the last five meetings. The Eagles defeated the Knights, 2-1, last year at Strassweg Field and have posted victories in their last three visits to Louisville.

1...4,6484,6494,650...7,235Page 4,649 of 7,235