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Juvenile Court Must Reconsider Modification Petition For Teen Without Counsel

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Juvenile Court Must Reconsider Modification Petition For Teen Without Counsel

Olivia Covington for www.theindianalawyer.com

A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.

In J.G. v. State of Indiana, 43A03-1705-JV-957, J.G. was adjudicated to be a juvenile delinquent for charges including intimidation, criminal mischief and battery and for skipping school. He was ordered to be placed on formal supervision until the age of 18, unless he was discharged sooner.

A few months after his adjudication, J.G. engaged in a physical altercation with his parents and was detained in the Juvenile Justice Center for three weeks. J.G. was later released to supervised probation, but his counsel then withdrew.

 Then in April 2017, J.G.’s probation officer filed a modification report claiming the teen had not complied with the terms of his supervised release. J.G. appeared at a subsequent hearing without counsel, but he was not advised of his right to counsel, nor did he waive that right. Nevertheless, the juvenile court awarded wardship of J.G. to the Department of Correction.

On appeal, J.G. argues, and the state agrees, that he was entitled to counsel at the April modification hearing. Both parties asked the Indiana Court of Appeals to remand the case to the juvenile court for a new hearing, which the appellate panel agreed to do under Criminal Rule 25(B)(3)(a) and (C).

“Here, it is undisputed both that J.G. was not represented by counsel at the modification hearing and that he did not waive his right to counsel,” Judge Edward Najam wrote in a four-page opinion on Monday.  “Accordingly, we reverse the modification order and remand for a new hearing.”

HOT JOBS IN EVANSVILLE

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Medical Office Receptionist
BrainPower Neurodevelopmental Center, LLC – Newburgh, IN
Receive incoming telephone calls and assist callers/patients with any questions. Medical Office Receptionist*….
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Heart to Heart Hospice 56 reviews – Evansville, IN
Mail distribution, pagers, phone system, memo’s, answers incoming calls, documents and disseminates appropriate messages….
Business Office Manager
American Senior Communities 99 reviews – Evansville, IN
Manages resident and employee files to ensure proper procedures are followed in accordance with local, state, and federal laws….
Van Driver
Aimbridge Hospitality 60 reviews – Evansville, IN
Preferably have hotel experience and must have a current, valid driver’s license with a clean driving record. As a Van Driver , you will fill a support role in…
Full Time 1st Shift Cleaner
Facilities Management Services, Inc 3 reviews – Evansville, IN
Refrain from involving yourself in gossip and negative behavior. As an FMS Floor Technician your goal is to complete your assigned duties as directed by your…
High Fidelity Wraparound Facilitator
Southwestern Healthcare 10 reviews – Evansville, IN
Applicants must have a Bachelor degree in Social Work, Psychology, Sociology or a related field and two years of clinical experience working with youth….
Guest Service Representative
Aimbridge Hospitality 60 reviews – Evansville, IN
Register guests into the hotel in a prompt and courteous manner using up-selling techniques to maximize room rates;…
Housekeeping Facilities Attendant
Aimbridge Hospitality 60 reviews – Evansville, IN
As a Housekeeping Facilities Attendant , you will fill a vital role in ensuring guest satisfaction through cleanliness and guest room hotel services for each…
Forklift Operator
Silgan 14 reviews – Evansville, IN
A current forklift driving certification. A minimum of six months forklift driving work. If not currently certified, the ability to….
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Provide guests with Arby’s Red Hat Service. Maintain crystal clean guest view and work area. Arby’s is looking for passionate Team Members to help us inspire…
Room Attendant
Aimbridge Hospitality 60 reviews – Evansville, IN
As a Room Attendant, you will fill a vital role in ensuring guest satisfaction through cleanliness and guest room hotel services for each guest….
Assistant General Manager
Taco Bell | Bell American Group 13,408 reviews – Evansville, IN
Franchisees are independent business owners who set their own wage and benefit programs that can vary among franchisees….
Bell Staff
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Tyson Foods, Inc. 2,536 reviews – Robards, KY
Additionally, this position is responsible for knowing and communicating company benefits and compensation policies to Team Members, providing encouragement to…
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GPAC 11 reviews – Evansville, IN
This is an inside, phone position offering and heping existing customers with loans, credit cards, lines of credit, mortgages and other consumer related…
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Best Buy 14,748 reviews – Evansville, IN
Use innovative training tools to stay current, confident and complete, driving profitable growth and achieving individual and department goals….
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Academy Sports + Outdoors 2,548 reviews – Evansville, IN
Ability to operate Symbol and telephone. Professional appearance and demeanor. Learns and implements merchandising guidelines….
Assistant Manager
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House Cleaning
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5 bathrooms (1 is guest bath), great room, office, sun room & dining room. It includes kitchen, 3 bedrooms (1 is a guest room), 3….

Jim Gaffigan: Fixer Upper At Old National Events Plaza Saturday, February 24th!

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Jim Gaffigan is a Grammy nominated comedian, New York Times best-selling author, top touring performer, and multi-platinum-selling father of five.  He recently wrapped the first season of his semi-fictitious television show, The Jim Gaffigan Show, which TV Land picked up for a second season and premieres this summer. The series, lauded by The Los Angeles Times as “Fun and Funny,” and People Magazine as “One of Summer TV’s bright spots,” was developed by Peter Tolan along with Gaffigan and his wife, Jeannie, who both also serve as executive producers and showrunners. The single-camera comedy co-stars Ashley Williams, Michael Ian Black, and Adam Goldberg and revolves around one man’s struggle to balance fatherhood, stand-up comedy and an insatiable appetite.

With multiple projects in motion, Gaffigan is currently traveling the world on behalf of his stand-up tour, Contagious, and headlined Madison Square Garden for the first time in December, becoming one of only ten comics in history to sell out The Garden. Last fall, Gaffigan had the honor of performing in front of Pope Francis and over 1 million festival attendees at the Festival of Families in Philadelphia.

Gaffigan’s fourth special (Beyond the Pale -2006, King Baby -2009, Mr. Universe -2012), Obsessed premiered on Comedy Central in 2014 and the DVD/CD was released soon after by Comedy Central Records.  Obsessed premiered at #1 on iTunes which

Gibson County Fatality

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The Vanderburgh County Coroner’s Office and the Princeton Police Department are investigating the death of Masayuki Yamashita, age 64, a visitor from Japan. He was struck by a vehicle in Princeton, IN while walking. He was taken to Deaconess Hospital where he died of his injuries on 09-30-2017 at 08:56 hours. He suffered head injuries as a result of being struck. The Princeton Police Department can provide details of the ongoing investigation surrounding the accident.

 

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Arnie B. Wagler: Maintaining a common nuisance – controlled substances (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of marijuana (Class A misdemeanor), Possession of paraphernalia (Class A misdemeanor)

George D. Jones Jr.: Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony)

Michael Allen Tyring Jr.: Stalking (Level 5 Felony)

IS IT TRUE OCTOBER 02, 2017

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 We hope that today’s “IS IT TRUE” 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?
IS IT TRUE its obvious that the City of Evansville doesn’t have a revenue problem but they do have a spending problem?
IS IT TRUE that the discussion between City Councilman and Finance Chairman Dan McGinn (R) and members of the Winnecke administration has now surpassed the Homestead Tax Credit elimination phase and has advanced to increasing the Local Option Income Tax to the maximum allowable under state statute (an increase of 25% to the level of 1.25% of all income)?
IS IT TRUE that the proposed $8 million Local Option income tax hike is causing quite a political stirs between city and county elected officials?  …City Councilmen Justin Elpers and John Hayden say it isn’t the tax itself they have a problem with, but with the City of Evansville for not allowing the County Council to vote on the issue?
IS IT TRUE that Councilman Elpers and Hayden feel that City Council are deciding the fate of county residents while county residents can’t vote for us,?”   …Elpers also said’ “this is taxation without representation.”
IS IT TRUE at the last City Council meeting the Elpers and Hayden resolution was voted down by a 5-4 margin?  …were told that members of the Winnecke administration were extremely pleased with City Council vote on this issue?
IS IT TRUE the vote on the Local Option Income Tax and Homestead Tax Credit increase are scheduled for a vote at the City Council’s meeting on October 9th at 5:30 p.m.
IS IT TRUE that the CPA firm of London Witte advised the Winnecke Administration to implement a “budget spending plan” more than three years ago?  …that no “budget spending plan” has been developed by the administration as of this date?
 IS IT TRUE that former Burdette Park Director, Jacob Murphy, is doing a good job as the new Director of the Weights and Measures Department? ….Jacob served two years at Burdette Park and was transferred to Weights and Measures earlier this year.  …we hear that Mr. Murphy is extremely happy in his new position?
IS IT TRUE we are being told that Burdette Park Interim Director, Jerry Grannon, is doing well in his new position?  …under Mr. Grannon leadership Burdette Park saw the highest attendance in over ten years?
IS IT TRUE all we can say is that members of the Vanderburgh County Commission and of the County Council seemly lucked out when they forced these two county department heads to accept other county positions?  …all is well that ends well?
Todays READERS POLL question is: Do you feel its time for the taxpayers of this community to start holding our public officials accountable for their bad business decisions concerning tax increases?
Please take time and read our newest feature articles entitled “LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.  You now are able to subscribe to get the CCO daily.
If you would like to advertise in the CCO please contact us City-County Observer@live.com.

 

EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our

Youth Home Groundbreaking in Evansville

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CHANNEL 44 NEWS: Youth Home Groundbreaking in Evansville

 A groundbreaking is held to celebrate the future site of the United Methodist Boys Home in Evansville. The current boy’s home was donated by a church many years ago and has become very worn down over the years.

The new boys home will be larger than the current home and will allow United Methodist to house as many boys as they do girls, in their residential program. In 2016, the youth home served 52 children but had to turn away 59 kids because they were full.

United Methodist Group Home Director of Development, Travis Johnson says, “We want to be able to give the kids something that is safer and more inviting for the growth that they need to become mature adults.”

So far a little more than $300,000 dollars was raised for the boys’ home but their goal is $400,000 dollars. For ways to donate visit

TRUMP’S ‘HIRE AMERICAN’ ORDER HAS STALLED

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TRUMP’S ‘HIRE AMERICAN’ ORDER HAS STALLED

By Joe Guzzardi

While the headlines scream DACA, DACA, DACAdeferred action for childhood arrivals, as if all reading America doesn’t already knowanother work authorization program that stumping candidate Trump criticized rolls on.

The H-1B visa made national headlines last year when major corporations fired Americans workers, and forced them to train their foreign-born visa replacements or lose their severance packages. The corporations that fired Americans with families, mortgages and auto loans, sending them packing into a weak employment market, included household names like Disney, McDonald’s and Caterpillar. Displaced Americans call their firing, and then the hiring of overseas workers to take their jobs, treasonan understandable sentiment.

The “hire American” half of President Trump’s “Buy American, Hire American” executive order is tough to fulfill when the H-1B visa, advertised as temporary but valid for six years, gluts the labor pool with cheap overseas employees. Every year, 65,000 foreign workers come to the U.S. on H-1B visas. Another 20,000 already in the U.S. as students are issued H-1B visas.

In a relatively new wrinkle sanctioned under the radar, universities and nonprofits have been exempted from the congressionally approved 85,000 cap, so the total work authorization documents issued to foreign nationals may be hundreds of thousands each year.

President Trump’s executive order correctly identified the multiple flaws of the H-1B, and singled out the biggest abusers, Tata, Infosys and Cognizant. Trump: “So 80 percent [of H-1B visa workers] receive less than the median wage, and only 10 percent receive the median wage.” The order drew the obvious conclusion: Less skilled foreign workers are often brought in well below market rates to replace American workers.

The permanent cure to corporations’ excessive, unjust H-1B reliance is congressional action that would slow down H-1B issuance or put the visa in the deep freezer for a decade or so. Reams of nonpartisan research show that there’s no American tech worker shortage. To the contrary, tech companies are prolific job-cutters. Challenger Gray & Christmas, Inc., outplacement experts that compile data on workforce reductions, found that technology companies have cut more than 413,000 jobs since 2012, including more than 96,000 in 2016.

Even the adamantly pro-immigration, anti-Trump New York Times published a story that questioned the tech companies’ claim that its industry has 500,000 jobs it cannot fill. The Los Angeles Times has seen the light, too, and called shortage claims “phony.” Silicon Valley’s cry wolf allegations succeed with Congress, but have come under increasing scrutiny among impartial analysts.

So far, President Trump has done little to fulfill his campaign promise to rein in the H-1B. He may be hesitant to undertake what could be a losing showdown with an H-1B-loving Congress. Even if Congress cooperated with Trump, unraveling the H-1B regulatory maze would be an unholy mess.

The Departments of State, Justice, Homeland Security and Labor all have roles in overseeing the H-1B, and have written hundreds of pages of unfathomable regulations that govern the visa.

Sounds like it’s time for President Trump to get out his pen and phone, and put them to use the way his predecessor successfully did. For starters, a one-sentence executive order would be plenty: “Effective immediately, future H-1B visas expire one year from the issuance date.” The pen and phone technique would circumvent donor-dependent congressional Republicans that reply on tech titans’ money, and would help employers hire American.