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HOT JOBS IN EVANSVILLE
Justices Weigh Restitution Order Linked To Car Theft
Justices Weigh Restitution Order Linked To Car Theft
Olivia Covington for www.theindianalawyer.com
The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.
In Justine Archer v. State of Indiana, 49S04-1705-CR-00288, Justine Archer was found driving Robin Boyer’s stolen vehicle, which was located with fresh red paint on the front of the vehicle, on the VIN inside the vehicle and on a section of the front window covering the VIN. Archer agreed to plead guilty to auto theft and pay restitution that, if paid in full, would result in alternative misdemeanor sentencing.
Further, in the agreement, Archer waived her right to appeal her sentence. However, the amount of restitution Archer would be required to pay was left blank on her plea agreement, which public defender Victoria Bailey said gave her the ability to appeal the $5,240.32 she was eventually ordered to pay.
The total amount of restitution included repairs required for the damage cause by the red spray paint, but Bailey argued the cost of that damage should not have been assessed against Archer because the state failed to prove she committed the act of painting the car. Archer was not charged with criminal mischief, Bailey said, but instead pleaded guilty to unauthorized control over the vehicle, a charge that does not include the crime of painting the car.
The Court of Appeals reached a similar conclusion in a February memorandum decision, which reversed the restitution order and remanded the case for a hearing on the actual loss Boyer suffered. A remand requiring the state to provide more evidence connecting Archer to the spray painting is all she is seeking on appeal, Bailey said.
Justice Mark Massa noted the case seemed to turn on the interpretation of Indiana Code section 35-50-5-3(a), which holds restitution may be imposed “as a result of the crime.†According to Deputy Attorney General Justin Roebel, a “result†can include intended and unintended consequences, as well as actions used to facilitate the crime. In this case, that would mean the act of spray painting Boyer’s vehicle could be tied to Archer.
Chief Justice Loretta Rush noted much of the confusion in the case could have been resolved had the definition of “full restitution†been quantified in the plea agreement, but Roebel said Archer herself had asked the court to leave the restitution line blank while the amount of damage to the car was being assessed so that the court could accept her plea agreement immediately.
But Roebel also conceded that if the parties had clearly agreed the blank space on the plea agreement was a “blank check,†rather than just an empty line, much of the confusion would have been alleviated. Faced with further questioning about the idea of a blank check from Justice Geoffrey Slaughter, Roebel said if the agreement had included language clearly indicating Archer would have to pay an amount later decided by the parties, much of the confusion regarding what restitution she had to pay could have been avoided.
As the situation stands now, Bailey said the state has not offered enough evidence directly linking Archer to the spray paint, which she said means Archer cannot be charged with restitution for that damage. Any evidence the state does have could be reviewed on the remand Archer is requesting, Bailey said.
The full oral arguments can be watched here.
Governor Holcomb’s Schedule for Monday, June 5, 2017
INDIANAPOLIS – Below find Indiana Governor Eric J. Holcomb’s public schedule for Monday, June 5, 2017.
Monday, June 5, 2017
What: Â Ceremonial Bill Signing of HEA 1200
Host: Â Â Sharon Elementary School
When: 9:30 a.m. CT, with remarks by the governor at 9:45 a.m.
Where: Sharon Elementary School Gymnasium
7300 Sharon Road
Newburgh, IN 47630
Monday, June 5, 2017
What: Â Southwest Indiana Chamber of Commerce Lunch
Host: Â Â Southwest Indiana Chamber of Commerce
When: 11:30 a.m. CT, with remarks by the governor at 12:25 p.m.
Where: Old National Events Plaza
715 Locust Street
Evansville, IN 47708
Monday, June 5, 2017
What: Â Indiana Economic Development Corporation Board Meeting
Host: Â Â Indiana Economic Development Corporation
When: 3:00 – 4:00 p.m. CT
Where: Innovation Pointe
318 Main Street
Evansville, IN 47708
Community Involvement Crucial To Keeping Our City Safe
“If you see something, say something!”
As we start off the summer festival season, we want to remind everyone that we all play a role in keeping our city safe.
If you see suspicious behavior or items that appear to be out of place, let the police or any other public safety official know about it. We will investigate your concern and take the appropriate actions based on what we encounter.
As a community, we can work together to enjoy the many family traditions we have come to love.
Gender-Related Biases
Gender-Related Biases
Olivia Covington for www.theindianalawyer.com
Though outward expressions of discrimination against certain types of attorneys in court may have diminished over the years, each attorney, litigant, juror and judge who enters a courtroom brings with them their own set of implicit biases.
According to Tammy Meyer, an attorney with Metzger Rosta LLP in Noblesville, ageism and sexism are among the most common biases people bring to the legal process. Some attorneys prefer younger judges, while some judges want to hear arguments from more experienced attorneys. A female client might turn to a female attorney for legal help, while some clients have refused to work with women at all.
The list of potential age and gender-related biases could go on, but Meyer, who led a session Friday on “Dealing with Ageism/Sexism in Court†at the Indiana State Bar Association Solo and Small Firm Conference, said understanding the factors that lead to such biases is the first step toward resolving any internal prejudices legal professionals might hold.
Among the most influential factors that could create sexist or ageist prejudices are media factors, including mainstream and entertainment media, Meyer said. From the perspective of traditional news coverage, she pointed to the example of Marcia Clark, the infamous prosecutor from the O.J. Simpson murder trial. Though Clark was a talented litigator, news coverage tended to focus on her hairstyle or her domestic responsibilities, topics that didn’t dog her male counterparts, such as Johnny Cochran or Christopher Darden, she told a session in French Lick.
Similarly, Meyer showed a clip from the television show Boston Legal in which an elderly senior judge is portrayed as confused, incompetent and possibly struggling with memory loss. Rather than revering senior judges for their knowledge and experience, Meyer said the TV clip suggested elderly legal professionals grow more incompetent with age.
In her own experience, Meyer recounted numerous instances in which she was discriminated against in the practice of law because of her gender. For example, early in her career, a client refused to allow her to argue his case because she was a woman. A senior partner who had previously supported her plan to argue the case withdrew his support, and Meyer was forced to step down from the case, even though she had done the prep work.
But her experience is not unique. When asked if they had ever been discriminated against because of their gender, roughly half of Meyer’s audience answered with a “Yes.†A similar response was given when she asked about age discrimination, based on either being too young or too old.
However, attorneys do not have to maintain the status quo when it comes to implicit and explicit bias, Meyer said. They can instead take proactive steps to level the playing field. For example, rather than laughing at sexist jokes, she urged the audience to speak out against such behaviors.
Further, Meyer encouraged attorneys young and old to develop mentorship relationships that work in both directions. While older attorneys can help those just starting out to learn the ins-and-outs of practicing law, younger attorneys can guide their more experienced counterparts through new technologies that can help them stay competitive in today’s world, she said.
But even with those efforts, implicit and explicit biases will never disappear, Meyer said. To deal with that reality, she offered simple advice – maintain the ability to laugh it off.
“Sometimes I think we have to use humor to deal with some things that may be offensive, but the person isn’t trying to be offensive – they just are,†she said.
High School Students Taking Ivy Tech Classes Thanks to Alcoa Foundation Grant
30 local high school students are now taking classes at Ivy Tech Community College through a special partnership with Alcoa Foundation, Ivy Tech-Alcoa Summer High School Career Readiness Program, designed to introduce high school juniors and seniors to careers in Technology fields.
The opportunity to take up to two courses and earn college credit at no cost to the student is made possible by a grant through the Alcoa Foundation. This program addresses work readiness for current high school students in Indiana Economic Growth Region 11, primarily targeting Gibson, Posey, Spencer, Vanderburgh, and Warrick counties. Participants will spend 8 weeks during the summer months receiving classroom instruction that will result in college credits and, in some cases, industry-recognized certifications. With instruction taking place at Ivy Tech Southwest, it is the goal of this program to help high school students acclimate themselves to a college environment, thus increasing the likelihood that they will continue their certificate or associate degree pathway beyond graduation.
Courses offered this summer include Key Principles of Advanced Manufacturing, Basic Automotive Service, Automotive Electrical 1, Energy Industry Fundamentals, Introduction to HVAC Technology, Duct Fabrication and Installation, Basic Electricity and Introduction to Machining.
Participating students and their hometowns:
| Boonville | Cailee Soberg |
| Boonville | Thomas Pemberton |
| Cannelton | Trenton Lindauer |
| Cannelton | Tyler Hawhee |
| Elberfeld | Joshua Parsley |
| Elberfeld | Max Letterman |
| Evansville | Brian Ramos |
| Evansville | Imporia Cleve |
| Evansville | Isaac Meador |
| Evansville | Isaiah Craig |
| Evansville | Kalen Fuchs |
| Evansville | Kevante Guerrier |
| Evansville | Kyle Thomas |
| Evansville | Marleiceia Romhill |
| Evansville | Nathaniel Putler |
| Evansville | Noah Schnur |
| Evansville | Thor Georgesen |
| Evansville | Tristyn Meeler |
| Mount Vernon | Nikolas Miller |
| Newburgh | Jerimiah Dupont |
| Patoka | Tyler Bullington |
| Princeton | Caleb Morgan |
| Princeton | Corbin Wilkerson |
| Princeton | Hannah Tuley |
| Princeton | Keaton Green |
| Princeton | Lake Carey |
| Princeton | Lane Deputy |
| Princeton | Levi McGinnis |
| Tell City | Benjamin Gutierrez |
| Tell City | Lucas Montgomery |
COUPLE’S SOCIAL DANCING CLASSES COMING UP IN JUNE
St. Vincent Wellness Center at Epworth Crossing will present three different opportunities for a great date night. The next session of Couple’s Social Dancing will offer Waltz Level 1, Rumba Level 1 and East Coast Swing Level 1, beginning in June. The classes are taught by David and Donna Koring, who have been instructors since 2003. Each class lasts for five weeks and is $65 per couple. Pre-registration is required by June 1. Call St. Vincent Wellness Center at 812-485-5725 to register.
LEVEL I – Waltz
Monday evenings, June 5, 12, 19, 26, and July 10, from 7:00 p.m. – 8:00 p.m.
LEVEL I – Rumba
Tuesday evenings, June 6, 13, 20, 27 and July 11, from 7:00 p.m. – 8:00 p.m.
LEVEL I –East Coast Swing
Friday evenings, June 9, 16, 23, 30 and July 14, from 6:30 p.m. – 7:30 p.m.
AG Hill: Hoosier lawmakers should just say no to legalizing marijuana
Attorney General Curtis Hill has written an op-ed stating his strong opposition to legalizing marijuana in Indiana.
“Marijuana is a harmful drug that poses long-term risks to health, safety, education and employment – especially among those who start young,†Hill writes in the op-ed.
The op-ed is available for use by any and all media outlets. It is attached here for your convenience – but if you are planning to publish the op-ed, please let us know by emailing Press Secretary Corey Elliot at Corey.Elliot@atg.in.gov or calling him at (317) 233-3970.