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Ivy Tech/Castle South Middle School Media Opportunity

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Ivy Tech Automotive Technology and Castle South Middle School students test electric go karts they are building for the Electric Karting World Finals

 

When: Wednesday, May 10, 2017 at 4:45 p.m.

 

Where: Castle South Middle School (back parking lot)

 

Background:  Ivy Tech Automotive Technology students and Castle South Middle School students have been collaborating to build electric go karts to participate in the Electric Karting World Finals. The competition is set to take place at the Indianapolis Motor Speedway May 16 – 17. Overall, twenty carts will compete.

 

On Wednesday, May 10, Ivy Tech Automotive Technology students and Castle South Middle School students will meet to test and tune their cart. The media is invited to come and see the hard work the students have put in as well get a sneak peek at the progress they have made on their kart.

 

Contact at the Event:  Chris Kaufman, Automotive Technology program chair.

Kiefer and Tornatta win State Awards

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May 4th at the Indiana Commercial Real Estate Conference, held at the Indiana Convention Center in Indianapolis, IN, two Hahn Kiefer Real Estate Brokers were recognized for their outstanding success in commercial real estate in 2016.

Joe Kiefer, Managing Broker for Hahn Kiefer Real Estate Services, was recognized as the top Retail Performer for 2016 in the State of Indiana.

 

 

 

 

 

Troy Tornatta was one of 3 people recognized in the Rookie of the Year category for commercial real estate transactions.  Troy joined Hahn Kiefer Real Estate Services in September, 2015.

 

 

 

 

 

FOTNOT: The sales and leasing transactions are tracked through the Indiana Commercial Real Estate Exchange.

 

Link To Death List Report For Vanderburgh County

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Death List WEEK 5-2-17 – 5-5-17

Vanderburgh County Board of Commissioners Agenda

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AGENDA

Vanderburgh County

Board of Commissioners

May 9, 2017

3:00 pm, Room 301

  1. Call to Order
  2. Attendance
  3. Pledge of Allegiance
  4. Action Items
  5. Department Head Reports
  6. New Business
  7. Old Business
  8. Public Comment
  9. Consent Items
    1. Contracts, Agreements and Leases
      1. Burdette Park: Oswald Marketing Extension Agreement
    2. Approval of May 2, 2017 Meeting Minutes
    3. Employment Changes
    4. County Clerk: April 2017 Monthly Report
    5. County Engineering:
      1. Department Head Report
      2. Pay Request #23 University Parkway T.I.F account for the sum of $18,700.80
  10. Adjournment

A Man Convicted Of Murder 20 Years Ago Will Have A New Trial

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A Man Convicted Of Murder 20 Years Ago Will Have A New Trial

IL For www.theindianlawyer.com

A man convicted of murder more than 20 years ago will have a new trial after the Indiana Supreme Court held Friday that his trial counsel performed deficiently and his appeal was not barred by the doctrine of laches.

Benjamin Laughlin and Stephen Sites were driving around Anderson looking for crack cocaine one night in April 1995 when they approached three people in an alley who they believed to be cocaine dealers. The dealer got in the cab of the truck Laughlin and Sites were driving and pulled a gun, and when Laughlin tried to grab the gun it was discharged, striking Laughlin in the abdomen.

The dealer jumped out of the truck and ran away, and Laughlin eventually died from his injuries. Donnie Smith, one of the three people in the alley, testified that Trondo Humphrey had been carrying a gun that night, though Smith said he did not hear any shots or see Humphrey approach or enter the truck.

But Roosevelt Brooks, who Smith said was also in the alley, gave an unsworn written statement saying he heard a “noise” after Humphrey approached the truck, then said Humphrey confessed to shooting one of the men. However, at trial Brooks said he was not with Smith and Humphrey on the night of the shooting and repudiated his statement, which had been admitted to impeach the credibility of his courtroom version, saying it was fabricated due to police pressure.

Humphrey was convicted of murder in 1996 and was sentenced 60 years. He appealed, arguing the Madison Circuit Court had abused its discretion in admitting Brooks’ statement into evidence and had erred when it did not admonish the jury to consider the statement for impeachment purposes only. The Indiana Supreme Court initially affirmed his conviction in Humphrey v. State, 680 N.E.2d 836, 837-38 (Ind. 1997), holding that the statement was admissible for impeachment purposes only and noting that there were no claims of ineffective assistance of counsel raised in the appeal.

Then, 15 years later, Humphrey filed a petition for post-conviction relief, alleging his trial counsel had rendered ineffective assistance by failing to object to the admission of Brooks’ statement on hearsay grounds, failing to request the admonishment to the jury, failing to “object to and improperly endorsing the trial court’s erroneous instruction on prior inconsistence statements” and, finally, failing to offer an instruction that “reflected a correct statement of law.”

The state denied Humphrey’s claim and argued that they were barred by the doctrine of laches. The post-conviction court found that Humphrey’s claims were not barred but denied relief on the merits. The Indiana Court of Appeals affirmed the post-conviction court on the issue of laches but reversed on the substantive claims, holding that “Humphrey was prejudiced by counsel’s errors that allowed the jury to consider as substantive evidence the only evidence that identified Humphrey as the shooter.”

The Indiana Supreme Court on Friday remanded the case, Trondo L. Humphrey v. State of Indiana, 48S02-1609-PC-480, for a new trial, pointing out a variety of errors made by Humphrey’s counsel its opinion.

Justice Robert Rucker, writing the majority opinion, said Humphrey’s counsel only objected to Brooks’ statement on the basis of an improper foundation, not on hearsay. Had a hearsay objection been raised, the court would have been required to sustain it, Rucker said, so counsel’s failure to do so was a deficiency in his performance.

Similarly, Indiana precedent holds that “if a defendant believes there is a danger that a jury could use a statement as substantive evidence, then it is incumbent upon the defendant to request that the jury be admonished that the statement be used to judge the witness’s credibility only.” Because Humphrey’s counsel did not move for such an admonishment or limiting instructing, his performance was deficient, the high court found.

Further, the trial court’s jury instruction, which stated that jurors “may also consider the out-of-court statements as evidence…” was an incorrect statement of law to which Humphrey’s counsel should have objected. Given those deficient performances, Rucker wrote that Humphrey had satisfied the first prong of the two-part test in Strickland v. Washington, 466 U.S. 668 (1984).

Humphrey also satisfied the prejudice prong of the Strickland test, Rucker wrote, noting “there is simply no admissible evidence that Humphrey possessed a gun that evening, let alone that he shot Laughlin.”

Thus, the Supreme Court reversed the judgment of the post-conviction court, writing, “In viewing the evidence without the inadmissible hearsay statements, we believe there is a reasonable probability the result of Humphrey’s trial would have been different, namely Humphrey would not have been convicted of murder.”

In a concurring opinion joined by Justice Geoffrey Slaughter, Justice Mark Massa wrote that the remedy of a new trial was “regrettable and avoidable.” Further, Massa wrote the state failed to develop its laches arguments at the post-conviction court level, leaving those arguments unavailable on appeal and compelling the high court to affirm the determination that Humphrey’s petition was not barred by laches.

“But make no mistake, being compelled to act is a far cry from being satisfied with the outcome, particularly when the outcome – retrial of a convicted murderer two decades later – can subject the criminal justice system to the dismayed contempt of survivors and the public writ large,” he wrote.

Anthem asks Supreme Court to review blocked Cigna deal

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IL for www.theindianalawyer.com

Health insurer Anthem is not ready to give up its $48-billlion bid for rival Cigna and now hopes to find a favorable audience in the U.S. Supreme Court.

The Blue Cross-Blue Shield insurer is asking the court to review last week’s rejection by a federal appeals court.

That court upheld a federal judge’s ruling that said the deal would further reduce competition in an already concentrated insurance market. The ruling was made earlier this year after regulators sued last summer to block the deal.

Even Cigna Corp. wants this deal to go away. The insurer has sued Anthem and is seeking billions of dollars in damages.

But Indianapolis-based Anthem Inc. said Friday that it hopes “1960s-era merger precedents” that the courts relied upon for their decision can be updated to reflect “the modern understanding of economics and consumer benefit.”

Anthem announced its Cigna bid in 2015. It has touted the deal as a way to help the companies negotiate better prices with pharmaceutical companies, hospitals and doctor groups. The company also has said the acquisition would help cut expenses and add more customers, which allows insurers to spread out the cost of investing in technology to manage and improve care.

But critics that include doctor and consumer groups aren’t comfortable with giving an insurer the power and leverage that would come from a huge acquisition. They have argued that this combination will lead to fewer choices for insurance shoppers.

Industry experts have suggested any consumer impact from the deal would take years to materialize and could lead to savings in some areas but higher costs elsewhere.

Earlier this year, a federal judge blocked another big insurance deal, Aetna Inc.’s roughly $34 billion acquisition of Medicare Advantage coverage provider Humana Inc. Aetna then said it was abandoning its deal.

USI wins GLVC East with split

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The 20th-ranked University of Southern Indiana baseball team won the Great Lakes Valley Conference East Division title outright with a doubleheader split at Saint Joseph’s College on the final day of the regular season Sunday afternoon in Rensselaer, Indiana. The Screaming Eagles won the opener, 7-2, but dropped the nightcap, 4-3.

USI watched its record go to 32-17 overall and 22-6 in the GLVC, while Saint Joseph’s goes to 32-18, 14-14 GLVC.  The game two loss snapped USI’s eight-game winning streak, the second longest of the season.

The Eagles scored five times in the seventh and senior right-handed starter Kyle Griffin (Morganfield, Kentucky) struck out a season-high 12 batters as USI won the opener, 7-2. The game one victory also clinched the GLVC East Division crown for the second year in a row. The Eagles have clinched the division title during the final weekend of the season each of the last two years.

Griffin was dominating on the mound for the Eagles as he became USI’s third six-game winner of the season. The junior right-hander allowed two runs, both in the third inning, on four hits and three walks, while striking out the season-best 12 Pumas. The 12 strikeouts surpassed the 11 against the University of Illinois Springfield last month.

At the plate, USI scored one in the first and tied the game, 2-2, with a tally in the fifth before setting off the fireworks in the seventh. Junior first baseman Nathan Kuester (Rockport, Indiana) drove in the first run of the seventh inning rally and the eventual game-winner.

Kuester was followed in the seventh by an RBI-single by sophomore catcher Logan Brown (Mt. Vernon, Indiana), an RBI-fielder’s choice by junior centerfielder Buddy Johnson (Shelbyville, Kentucky), and a two-run double by senior designated hitter Jaylen Quarles (Indianapolis, Indiana). The Eagles first run of the game was driven in by junior rightfielder Nick Gobert (Jasper, Indiana) with a first inning single, while Kuester scored on a passed ball to tie the game, 2-2, in the fifth.

The Pumas turned the tables on the Eagles in the nightcap by winning on a walk-off sacrifice fly, 4-3. USI had a 3-0 lead after five-and-a-half innings before Saint Joseph’s, in its final regular season game, scored three in the sixth and one in the ninth for the win.

Senior right-hander Justin Watts (Bryan, Ohio) took the loss in relief. Watts (5-2) allowed the winning run in the ninth after Saint Joseph’s loaded the bases on two walks and an error before the game-winning sacrifice fly.

The first eight innings on the mound was manned by sophomore right-handed Austin Krizan (Mt. Vernon, Indiana) and senior right-hander Mike Ringer (Springfield, Illinois). Krizan allowed three runs on seven hits, striking out five, in six innings, while Ringer gave up a hit and a walk, striking out four, in two frames.

At the plate, the Eagles, who left seven runners on, were led by junior shortstop Sam Griggs (Evansville, Indiana), who had two hits and one of the three RBIs. Junior leftfielder Drake McNamara (Mt. Vernon, Indiana) and Kuester also had a run driven in during the nightcap.

USI advances to play in the GLVC Tournament at 9 p.m. Thursday at US Ballpark in Ozark, Missouri. The Eagles’ opponent will be the fourth-seed from the GLVC West Division. More information about the league tournament pairings will be released on Monday.

 

 

Six new Lifelong Learning courses added for summer 2017

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The University of Southern Indiana’s Outreach and Engagement has released the summer 2017 series of Lifelong Learning noncredit courses, including six newly developed programs. Lifelong Learning courses are open to anyone in the community regardless of educational background.

“Lifelong Learning is learning activity pursued across one’s lifespan with the purpose of acquiring knowledge and skills to enhance one’s quality of personal, professional, social or civic life,” said Dawn Stoneking, director of Lifelong Learning.

Below is a list of new courses and their date(s). More information can be found for each course at its respective link:

Basics of 3D Modeling (Five Mondays, June 5 – July 3): We live in a digital world and learning 3D digital design can help set you apart. This course will teach you the basic controls of Blender, how to model, bake and texture 3D objects.

Introduction to the Stock Market (Six Wednesdays, June 7 – July 12): Learn the basics of the how to get into the exciting and fast-pace world of the stock exchange. You will learn how to read stock market tickers, place calls and puts, the different types of markets and how to time the market.

Introduction to Economic Thought (Six Thursdays, June 8 – July 13): The modern economy is complex and often it is hard to find your place in it. In this class, you will learn the basics of economics and how to think using economic models.

Feel Better in Your Body (Five Mondays, June 12 – July 17): You will complete a Dosha questionnaire to discover your genetic, physical and emotional qualities. Lead a more balanced and purposeful lifestyle through simple practices. This class will be interactive with playful projects and hands-on fun.

Hypertufa Creation (June 17): What do you get when you mix cement, peat moss, and perlite? Hypertufa! During this class, you will learn how to mix the Hypertufa mixture and you will make two creations – a small leaf and a small pot.

Boost Your Digital Common Sense – Parents/Caregivers of Teens and Tweens (June 20): Learn how to help your children be responsible digital citizens, building a positive digital identity for college and beyond. This session, which is designed for adults, will introduce you to resources that can help your family safely navigate the web and manage your digital lives.

These classes are accompanied by returning courses, such as Introduction to Yoga, Microsoft Excel Levels I, II and III, Verbal and Math Skills for the SAT and more. Basic Orientation Plus safety training will also continue on campus throughout the summer.

All courses are presented in a noncompetitive and informal atmosphere where interest in learning is the primary consideration. No grades are assigned and formal admission to the University is not required for course registration. USI alumni can also receive a ten percent discount when registering for most Lifelong Learning courses.

All current courses are available at USI.edu/LifelongLearning. Registration can be taken online or by calling USI Outreach and Engagement at 812-464-1989.

PATIENCE IS A (POLITICAL) VIRTUE

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Making Sense by Michael Reagan

I admit I clearly was not born with the patience gene.

As a kid my mother was always saying to me, “Patience, patience, patience.”

Today my wife Colleen is always saying the same thing,”Mike. Patience, patience.”

It’s no use.

For example, when I go to a movie I hate standing in line.

It’s always just driven me absolutely nuts. Now at least I can have my son go online and buy the tickets before we get there.

Whenever there’s a line at a restaurant, I just turn and walk away.

When my friends just look at me, I tell them, “God didn’t give me patience and I’ve never prayed for it.”

I bring up my problem with patience because it’s the same problem conservative talk radio people and TV commentators have with the lack of big accomplishments in the first hundred days of the Trump Administration.

I understand their pain – and impatience.

We all want market-driven, patient-centric, flexible health care reform. We all want a simpler, smarter tax code. We all want an end to the warring and killing of innocents in the Middle East.

Our trouble is, too many of us conservatives want to see everything happen yesterday, not tomorrow or the next day.

I think Donald Trump thinks much the same way. As a businessman he’s been going through a sharp, steep learning curve.

He’s quickly found out, on the job, that the business of Congress is politics, not about getting things done quickly.

When you’re a businessman you can make instant decisions, get things done in a flash and move forward to the next goal.

But Congress doesn’t work like that and never will. It’s the same for conservative talk radio and TV commentators. You’re supposed to be done with whatever it is you’re trying to do on their schedule – and your not.

The reality is, I think President Trump has done a terrific job in his first hundred days – especially considering everything he tries to do with Congress is being hampered by the Democrats or the way Congress does business.

Look at all the good executive orders he’s signed on the Keystone pipeline construction and things like reducing government regulations.

He’s found the only way to get things done quickly for now is through executive orders and he’s cranking them out. He’s also signed some smaller bipartisan bills that Congress has sent him.

It’s the titanic struggles over health care and tax reform that are going slowly, mainly because on the biggest and most important issues Congress always slogs along like a old freight train, not a bullet train.

What we conservatives need to do is ignore the liberal media’s partisan impatience and arbitrary deadline and say, “OK, President Trump is not going to get everything done in a hundred days and we shouldn’t expect him to.”

Really, what’s the big rush? He’s got three years and eight more months to get it all done. If he gets it right, he’ll get four more years after that.

And if conservatives keep bringing up my father’s record, as they never stop doing, they have to remember a few things.

My father didn’t get major tax reform done until Aug. 13, 1981 – eight months into his administration.

And in the first couple of years he was so far down in the popularity polls Republicans were terrified he wouldn’t be reelected in 1984.

But after his policies took affect, the economy turned around, the job figures turned around, and he buried Mondale in a landslide.

Once you are in the Oval Office it takes time to get your presidential feet under you. Donald Trump is still a rookie in Washington who’s trying to learn how to hit a knuckle curve.

We conservatives have to stop booing him and need to gain patience.

Becoming unglued so soon because our rookie president is taking too long to hit his first home run is only going to let Chuck Schumer, the Democrats and the anti-Trump media defeat what could be a great presidency.

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Copyright ©2017 Michael Reagan.

CURRENT ISSUES IN THE AREAS OF ESTATE, TAX AND PERSONAL AND BUSINESS PLANNING

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The information that follows summarizes some of the current issues in the areas of estate, tax and personal and business planning which may be of interest to you. Although this information is accurate and authoritative, it is general in nature and not intended to constitute specific professional advice. For professional advice or more specific information, please contact my office.

Is An IRA “Accumulation” Trust Appropriate? We have noted in previous articles in this newsletter that designating a trust as beneficiary of an IRA can be extremely problematic. In most instances it is better to name an individual beneficiary. In some cases, however, it is necessary to designate a trust for certain planning purposes. When necessary, there can be certain advantages associated with an “accumulation” trust. As distinguished from an “accumulation” trust, a “conduit” trust is one which requires that the Required Minimum Distribution (RMD) each year is actually distributed out to the trust beneficiary. The RMDs to a trust will be distributed to the trust based on the beneficiary’s life expectancy. There are creditor protection issues with a “conduit” trust, however, since the RMDs must be paid out of the trust and placed in the hands of the beneficiary. This can be very problematic with a high-risk beneficiary, such as when there are concerns about substance abuse, divorce, etc. An “accumulation” trust would allow the RMDs to be retained in the trust, but establishing an “accumulation” trust may be difficult to accomplish in many situations. In order to use the life expectancy of the beneficiary, there can be no contingent beneficiaries other than the primary beneficiary who are older than the primary beneficiary. Finding an appropriate contingent, that is a beneficiary to whom distributions would be made following the death of the primary beneficiary, may be difficult. If the appropriate contingent beneficiary is older than the primary beneficiary, then the life expectancy of the older beneficiary would have to be used. Using an older beneficiary’s life expectancy might be appropriate, however, if asset protection is an overriding goal. A disadvantage of an “accumulation” trust is that the RMDs will be taxed at the higher trust income tax rates if the RMDs are retained in the trust and not distributed. Of course, a portion of the RMDs might be distributed, which could be done in the form of indirect payments for the benefit of the beneficiary, in order to reduce the retained income in the trust to a point at which the applicable tax rate is not too confiscatory. The biggest issue affecting “accumulation” trusts is the determination of the ultimate beneficiaries of the trust assets. Whether a “conduit” trust requiring distributions or an “accumulation” trust allowing the retention of distributions is used, it is appropriate in some instances to name a trust as a beneficiary for certain asset protection and family planning reasons.

Medicaid Figures Published. This newsletter typically reports changes in certain applicable Medicaid figures that may be of interest to readers. The following are the spousal impoverishment and home equity figures released by The Centers for Medicare and Medicaid Services (CMS) for 2017:

 

  • !  Minimum community spouse resource allowance – $24,180. In the case of a husband and wife, if one spouse is admitted to a nursing facility, the community spouse can retain resources having a minimum value of $24,180 (including the institutionalized spouse’s $2,000 limitation, the total would be $26,180).
  • !  Maximum community spouse resource allowance – $120,900. In general, in the case of a husband and wife, if one spouse is admitted to a nursing facility, the community spouse can retain one-half of the countable assets. However, that total value cannot exceed $120,900 currently (including the institutionalized spouse’s $2,000 limitation, the total would be $122,900).
  • !  Minimum monthly maintenance needs allowance – $2,030. The community spouse is entitled to a minimum income standard of $2,030. If the community spouse’s income is less than that, then the community spouse can receive an allocation of the institutionalized spouse’s income up to that amount.
  • !  Maximum maintenance needs allowance – $3,023. The community spouse may receive additional income from the institutionalized spouse if the community spouse has excess housing costs. This will most often arise when there is a mortgage or when there are rent payments.
  • !  Home equity limits – minimum $560,000 (applicable to Indiana and most states); maximum $840,000 (applicable to a few states).The current divestment penalty divisor is $6,078 and will remain so until July of 2017. The new rate has not yet been published. The effect of the divestment penalty divisor (which is the penalty calculation rate) for a $100,000 transfer is 16.45 months ($100,000 ÷ $6,078 = 16.45 months).

    Developments Concerning ABLE Accounts. Passage by the U.S. Congress of the “Achieving A Better Life Experience” Act of 2015 (the “ABLE Act”) has been addressed in previous issues of this newsletter. Detailed information is also available on my website in the materials titled 2015 Elder Law Developments and 2016 Elder Law Developments. The ABLE Act allows each state to establish and operate a program which permits contributions to be made to an ABLE account established for the purpose of meeting the “qualified disability expenses” (QDE) of a disabled beneficiary. Indiana enacted an ABLE law last year, but the program is not yet up and running. Currently 16 states have ABLE programs that are open for enrollment. For a chart comparing the various state plans, see http://tinyurl.com/ASNP-ABLEchart. For an update of various available state plans, refer to the website of the ABLE National Resource Center at www.ablenrc.org/. There is no longer a residency requirement, and an ABLE account can be established in any state that allows a non-resident to establish an ABLE account. There are advantages and disadvantages of ABLE accounts as compared to certain so-called “safe harbor” special needs trusts. Additional information concerning ABLE accounts will be discussed in this newsletter from time to time in the future. A detailed outline will be posted when my materials titled 2017 Elder Law Developments are added to my website following my presentation at the 39th Annual Judge Robert H. Staton Indiana Law Update which will take place in Indianapolis in September of this year.

    Additional Information. Future issues of this Newsletter will address other issues of current interest. Please contact my office with any questions that you might have.

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