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Split COA Reverses Sex conviction On ‘Romeo And Juliet’ Grounds

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Split COA Reverses Sex Conviction On ‘Romeo And Juliet’ Grounds

IL for www.theindianalawyer.com

The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.

Larry R. Beedy was 17 when he began having sex with a girl who was three years and nine months younger. Before his conviction of the Level 5 felony in this case, he had a prior juvenile adjudication for what would have been sexual misconduct with a minor if committed by an adult because of his relationship with the same girl, A.W., who testified their relationship was consensual and both desired to be married.

As a matter of first impression, the court faced the question of whether someone with a prior adjudication for a sex offense may present the “Romeo and Juliet” statute at I.C. 35-42-4-9(e) as an affirmative defense to a subsequent charge. The statute generally allows an affirmative defense to minor-sex charges for someone who is less than four years older than the victim and who is in an ongoing or dating relationship with the victim.

“Having determined that the statutory language is unambiguous, we need not address the State’s various arguments construing the statute contrary to its plain meaning. Further, to the extent the State’s arguments are based on policy considerations, this is not the proper forum. We therefore conclude that Beedy established his entitlement to the defense found in I.C. § 35-42-4-9(e), and consequently, his conviction cannot stand,” Judge Robert Altice wrote in the majority opinion joined by Judge L. Mark Bailey. “We reverse and remand this cause with instructions to vacate Beedy’s sexual misconduct with a minor conviction.”

Dissenting Judge Cale Bradford wrote that Beedy’s prior adjudication should preclude his affirmative defense under the statute because he had sex with a victim legally unable to consent. He would affirm the conviction.

“Beedy should have learned his lesson before, that even true love would not be an excuse to, in essence, recommit the same unlawful act. I can think of no reason why it should matter that it was the same child he was charged with victimizing here,” Bradford wrote in Larry R. Beedy, Jr. v. State of Indiana, 48A02-1510-CR-1703.

MEDIA BIAS IN BATON ROUGE

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MEDIA BIAS IN BATON ROUGE

By Susan Stamper Brown

The recent flooding in Baton Rouge is a study in media bias if you compare it to media coverage of Hurricane Katrina.

While Baton Rouge flooded, President Obama continued to play golf at Martha’s Vineyard, as if nothing was happening, and the media gave him a pass. George W. Bush was accused of being a racist when he cut his vacation short and did a flyover of New Orleans back in 2005.
Talk about double standards.
Without a doubt, media coverage of Katrina was a hack job done by Bush-haters who wanted to paint the sitting president in the worst possible light.
Because they had an agenda, they failed to report about what may well have been one of the most successful search-and-rescue operations in American history.
NBC News’ Brian Williams missed the real story because he was busy misreporting un-facts about un-events that the Washington Post said he perhaps “misremembered” the same way he did about his helicopter ride in Iraq. Williams and NBC News were awarded the 2005 Peabody Award for coverage of Hurricane Katrina. The award website states NBC reported on “all angles of events related to Hurricane Katrina” including “disintegrating social conditions” in New Orleans and for posing “difficult questions to government officials…dealing with issues of race and class…”
They covered all angles? What a bunch of bologna.
Williams was eventually relieved of his duties as NBC anchor for the kind of tale telling one would expect to hear while sipping hot cocoa around a campfire at Lake Wobegon.
Williams and other media hacks conveniently passed over the real story… about what went right when Mother Nature went wrong. A Real Clear Politics piece, “Katrina: What the Media Missed,” reports that upwards of 100,000 lives were saved. Sure, FEMA missed the mark, but a lot went right. While the media were looking for bad news and a thousand ways to blame it on Bush, our well-prepared military was busy saving lives, delivering babies and restoring law and order.
Which leads us to Baton Rouge, where flood waters ravaged homes and torrential rains delivered death and destruction —- and the mainstream media ran cover for their golden boy who found time to pull away from his merriment at Martha’s Vineyard for a posh Hillary fundraiser, but was far too busy to fire up Air Force One to pay a visit as Comforter-in-Chief.
Let’s not forget that Bush-43 was castigated by the media and liberal pundits —- including President Obama —- for the fly-over they misconstrued as aloofness.
From the Senate floor, a preachy Obama said, “We can talk about what happened for a few days in 2005 and we should. We can talk about levees that could not hold…about a president who only saw the people from the window of an airplane instead of down here on the ground to provide comfort and aid.”
At least Bush showed up.
The outright hypocrisy of Obama golfing while the waters rose in Baton Rouge after making political hay out of his predecessor’s so-called indifference makes no difference to the Bush-Deranged-Syndrome media crowd who continue to cover for the guy who promised that waters would recede on his watch but obviously didn’t.

Keeping Sports Injuries Out Of The Game

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Kicking off a new school year also means the start to the fall sports season. As a softball coach for 27 years and a father of children who participated in athletics, I know that safety always comes first. Sports should be fun, but in order to maintain that fun, safety must be put before anything else, including winning.

After sustaining a head injury, it is important athletes are healthy before they start physical activity again. Hoosiers also need to be well informed on precautions, symptoms and the proper steps to take once an injury occurs. Concussions are a serious threat, which can have long-lasting effects on the brain. Symptoms may not become apparent until days or weeks after the injury, which is why concussions are known as the “invisible injury.” Once an athlete sustains a concussion, they have a higher likelihood of experiencing more concussions down the road. Through education, we can help decrease the number of injuries.

As a lawmaker, I worked with fellow policymakers to increase safety for our student athletes. This year we passed a law requiring coaches to complete a safety education course to better prevent and identify head injuries in student athletes. The head coach or assistant coach of an interscholastic sport must be certified in a player safety education course by July of next year.

Currently, athletes who are suspected of having a concussion are not able to return to play until they have been evaluated by and received clearance from a qualified health-care provider. This new law takes an additional step in keeping our athletes safe by ensuring coaches can detect warning signs of a concussion and prevent further, more serious injuries. Coaches who complete the required training will be protected under this law unless there is evidence of gross negligence.

As always, please contact me with questions or input at 317-232-9833 or by email at h75@iga.in.gov. I appreciate hearing from you in order to better represent our district. Stay up-to-date with the work being done at the Statehouse by signing up to receive my email updates at www.in.gov/75.

YEASTERYEAR: Sterling Brewers, Inc.

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Sterling Brewers, Inc.

With the influx of German immigrants into Evansville in the nineteenth-century, beer production was a major industry throughout much of the city’s history, especially on the West Side. Sterling Brewery evolved from the Fulton Avenue Brewery, which had opened at Fulton and Pennsylvania (now the Lloyd Expressway) in 1880. The building was also notable for being the first in Evansville to boast electric lights. By 1920, the Fulton Brewery was renamed Sterling, which survived Prohibition by manufacturing malts and other food products. The company’s long history finally ended in 1997, and the plant was razed a year later.

FOOTNOTES: We want to thank Patricia Sides, Archivist of Willard Library for contributing this picture that shall increase people’s awareness and appreciation of Evansville’s rich history. If you have any historical pictures of Vanderburgh County or Evansville please contact please contact Patricia Sides, Archivist Willard Library at 812) 425-4309, ext. 114 or e-mail her at www.willard.lib.in.us.

Peters-Margedant House Move through Evansville to UE Campus

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Peters-Margedant House Move through Evansville to UE Campus

A press conference was held at the University of Evansville today to announce details of the Peters-Margedant house’s impending move from its current location at 1506 East Indiana Street through town to the UE campus.

UE president Tom Kazee, local architect Adam Greene, UE associate professor of art history Heidi Strobel, and Friends of the Peters-Margedant House representative James Renne provided details to the public.

Barring any major delays, the move is scheduled to begin Thursday, August 25 at 9:00 a.m., and it is estimated to take around four hours. Movers will head WEST on Indiana street from the house’s current location and then turn SOUTH on Willow Road. They will then travel EAST on Division Street and then head SOUTH on Weinbach Avenue under the Lloyd Expressway overpass. Finally, the movers will turn into the UE parking lot on the WEST side of Weinbach Avenue.  They will then begin the process of unloading the house so it can be secured in its final location behind the Koch Center for Engineering and Computer Science at UE.

The unique Peters-Margedant House is just 552 square feet and currently sits at 1506 East Indiana Street in Evansville. The home was built in 1934 by William Wesley “Wes” Peters, Frank Lloyd Wright’s primary assistant. An Indiana native and Benjamin Bosse High School graduate who studied at both Evansville College and MIT, Peters was accepted as Frank Lloyd Wright’s first apprentice at Taliesin in Spring Green, Wisconsin in 1932. Peters would go on to work with Wright for the remainder of his career.

The small house was designed by Peters and displays many of the principles of Usonian style, Wright’s architectural effort at creating affordable, efficiently designed homes for working families and the common man. The Peters-Margedant House showcases many specific Usonian characteristics and remains one of the style’s first examples, marrying affordability, accessibility, function, and efficiency of space – all qualities highly valued in the current Small House Movement of today.

A grant from Indiana Landmarks saved the Peters-Margedant house from demolition and additional funds from the Friends of the Peters-Margedant House group and the Vanderburgh Community Foundation have made it possible to move the house to the University of Evansville’s campus where it will serve as a learning facility for both students and t

 Vehicular Crash Reconstruction Experts Learn By Crashing

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Vehicular Crash Reconstruction Experts Learn By Crashing

PLAINFIELD  –  A live demonstration of a pedestrian motor vehicle crash, Thursday morning, August 25, will provide some 60 individuals, representing crash reconstruction teams of prosecutors and municipal, county and state law enforcement with an opportunity to learn crash measurement techniques.

The crash demonstration is part of a four-day training in pedestrian crash reconstruction investigation and prosecution sponsored by the Indiana Prosecuting Attorneys Council, along with the Indiana Association of Certified Accident Investigators and the Indiana Law Enforcement Academy.

Adopt A Pet

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 Jack is a 3-month-old male brown tabby kitten! He did well w/ the adult cats & the dog in his foster home. He and his three siblings are now ready for adoption! His $50 fee includes his first vaccines, neuter, microchip, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

Hot Jobs in Evansville

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VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.

Cory David Brown Theft, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Adam Eugene Cross Domestic battery, Level 6 felony

Alicia Nicole Galindo Operating a vehicle as a habitual traffic violator, Level 6 felony

Christopher Alan Gunther Domestic battery, Level 6 felony

Strangulation, Level 6 felony

Ryan Michael Schmitt Aiding, inducing or causing theft, Level 6 felony

Latavius Chambers Aiding, inducing or causing armed robbery, Level 3 felony

Jamie Lynn Sandoval Assisting a criminal, Level 5 felony

False informing, Class A misdemeanor

Brett Alan Sanders Strangulation, Level 6 felony

Domestic battery, Class A misdemeanor

Timothy Paul Liford Battery resulting in moderate bodily injury, Level 6 felony

Intimidation, Level 6 felony

Brittney Nicole Clark Auto theft, Level 6 felony

Theft, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor