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Shot Officer’s Suit Against Gun Dealer Splits COA

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Shot officer’s Suit Against Gun Dealer Splits COA

Dave Stafford for www.theindianalawyer.com

An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.

In a case of first impression, three judges wrote three opinions in the case, KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels, 49A02-1501-CT-42, but the majority affirmed the trial court’s denial of judgment on the pleadings in favor of KS&E Sports. Runnels alleges the gun dealer made a negligent, reckless and unlawful sale of a .40 caliber handgun to Tarus Blackburn. He and convicted felon Demetrious Martin were at KS&E Sports together when Martin told store personnel which gun he wanted. The two left, and Blackburn returned a short time later to purchase the same gun, which he sold to Martin for a $50 markup in the gun store parking lot.

Two months later, Runnels stopped Martin’s vehicle on reports he was involved in an armed robbery and shooting. Martin stepped out of the vehicle and fired twice at Runnels, and one bullet hit him in the upper pelvis. Runnels fired back, killing Martin. ATF traced the gun to KS&E Sports and Blackburn.

KS&E argued gun dealers cannot be sued for the acts of third parties under state law. I.C. 34-12-3-3 holds “a person may not bring or maintain an action against a (gun dealer) for … recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.”

“Runnels’ complaint expressly alleges liability based on the harm that KS&E proximately caused Runnel through their own wrongful and unreasonable misuse of a firearm; the Complaint does not couch its allegations in terms of unlawful conduct by Martin,” Judge Patricia Riley wrote in the majority opinion joined by Judge Elaine Brown.  “(W)ithin the boundaries of this review, the Complaint is sufficient in setting forth valid claims and, at this point in time, I.C. § 34-12-3-3 does not bar further proceedings before the trial court.”

Writing a separate concurrence, Brown noted the statute does not bar brining an action seeking damages relating to the unlawful activity of the gun seller. “The implication of the absence of such language Is obvious: the legislature did not intend to bar actions against firearms sellers relating to their own unlawful activity.”

Dissenting Judge Robert Altice viewed the same issue differently, finding the case a matter of statutory interpretation that required reversing the trial court. While the majority declined to read the statute as one of immunity for gun dealers, he said the statute clearly is that. “KS&E contends that a firearms seller is immune from liability if a third party’s criminal use of the firearm damaged the plaintiff. This is true regardless of whether the firearm was sold lawfully or unlawfully.

Altice was sympathetic to the public policy concerns raised in the suit, but he said courts aren’t the proper place to decide those issues. “(W)hile the Legislature could have – and arguably should have – carved out an exception for straw purchases … it did not. The policy arguments advanced by Runnels and the various amici curiae, no matter how valid, should be directed to the legislature, not this court.”

FOOTNOTE: TODAYS “READERS POLL” QUESTION IS: If the Republican primary was held today for Vanderburgh County Clerk who would you vote for?

WHO GETS TO CHOOSE AND FROM WHOM? by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 21 March 2016)

WHO GETS TO CHOOSE AND FROM WHOM?

America’s two greatest strengths are its diversity and its democratic form of government. Our diversity provides input from the talents of many. Our three separate but theoretically equal branches of government keep power from consolidating in one group by dispersing it among the populace. The public maintains the right to hold power by having the right to vote for the Executive and Legislative Branches, both state and federal.

As for the Judicial Branch, not one federal judge is chosen by election and in many states judges are selected by a small number of people. The trend in America is that more and more judges at all levels are chosen by fewer and fewer people. The public usually has no input in such selections. These unelected judges may ostensibly stand for review every six or ten years or so, but in reality, they serve as long as they wish.

In each of these articles on America’s judiciary I have unequivocably stated I do not believe elected judges are any better or any worse than appointed ones. It is not the product that is the issue. The issues are: (1) who gets to select the judges; (2) from what pool of candidates can judges be taken; and, (3) how do we get rid of judges we do not want? In other words, does our current system by which we select some of our judges place the diversity of the Judicial Branch and our democracy at risk?

Because the country is presently concerned with the replacement of Justice Scalia, I will concentrate on the United States Supreme Court (SCOTUS). But the growing trend to eliminate the general public from control over those who judge them is an issue at all levels.

As for SCOTUS, the following facts may help illustrate my concerns. Starting with the President having the constitutional duty to nominate justices and the Senate having the constitutional duty to “advise and consent”, the general public is excluded from direct input on those whose decisions affect their lives.

The President must choose the nominees from somewhere, yet neither the Constitution nor any federal legislation gives any guidance as to what qualifications, if any, the President is to consider.

While the Constitution does not require it, all justices have been lawyers. America has over two hundred law schools. Harvard and Yale are only two of these two hundred yet all eight of the sitting justices come from either Harvard or Yale.

President Ronald Reagan attended Eureka College in Illinois. Reagan nominated Anthony Kennedy, a Catholic, white, male who graduated from Harvard.

President George Herbert Walker Bush, a Yale graduate, nominated Clarence Thomas, a Catholic, African American male who also went to Yale.

President William Clinton, a Yale graduate, nominated Ruth Bader Ginsburg, a Jewish female and a Harvard graduate. Clinton also nominated Stephen Breyer, a Jewish male who graduated from Harvard.

President George W. Bush who went to Yale, nominated John Roberts, a Catholic, white male, and a Harvard alumnus. “W” also nominated white, male, Catholic Samuel Alito who went to Yale.

President Barack Obama, a Harvard graduate, nominated one female Catholic Yale graduate, Sonia Sotomayor, and one Jewish female Harvard graduate, Elena Kagan. Obama has also nominated a replacement for Scalia. That nominee, Merrick Garland, is a Jewish male, graduate of Harvard.

It is neither nefarious nor surprising that presidents would nominate candidates from the two law schools with which they are most familiar. It is also no sin that only Jewish and Catholic judges are represented on the Court. It is probably simply the natural consequence of drawing all of the Supreme Court judges from an extremely small pool. That the culture, ethnicity, religion and numerous other sociological factors might be similar is to be expected when dealing with a small sample of Americans.

The problems that need to be addressed are the unintended weakening of diversity in the pool and a lack of democracy in the selection process. In a country of 330 million people containing 50 states, hundreds of law schools, numerous religions and ethnic backgrounds, an entire branch of government should not be populated by only two religions and two law schools, regardless of which religions and which law schools they may be. This is especially true where one person nominates the judges and the terms of those judges may extend far beyond the term of the president who nominated them.

Libertarian Party Welcomes Refugees from the Republican and Democratic Parties

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 It looks increasingly likely that Mr. Trump and Sec. Clinton will be the nominees for the Republican and Democratic Parties.

Neither candidate is a friend to liberty. And freedom-loving Americans everywhere are deeply concerned.

For quite some time, Pew Research Center polls have consistently shown that more Americans identify as “independent” than as Republicans or Democrats.

Now, many Republican primary voters are considering voting for non-Republican candidates in the general election.

A Fox News exit poll shows that over half of Republican primary voters who did not vote for Mr. Trump report interest in voting for a third-party or independent candidate in the general election if Mr. Trump receives the Republican nomination.

Here in the Libertarian Party, we are friends of refugees…those fleeing war torn countries, those fleeing desperate poverty, and also those fleeing despotic candidates such as Mr. Trump and Sec. Clinton.

We welcome former Republicans and Democrats who value “liberty and justice for all” to find a new home in the Libertarian Party.

Libertarianism is the idea that you should be free to make your own decisions in all aspects of your life as long as you don’t infringe upon the rights of others.

Chair Nicholas Sarwark says, “If you are one of the millions of Americans who no longer feel you have a voice in the Republican or Democratic Parties, we welcome you to join us in our fight for the rights of ordinary Americans to be free to raise their families, run their businesses, and pursue happiness in any way that’s peaceful.”

We are an incredibly diverse party, truly representing folks from every walk of life, who genuinely care about the rights of each person. We believe firmly that all rights, of all people, matter all the time. That is a key difference between us and the older parties, each of which is plagued with special interests that undermine the rights of some.

Liberty-loving Republicans and Democrats, we invite you to declare your independence and vote Libertarian in November.

FOOTNOTE: TODAYS “READERS POLL” QUESTION IS: If the Republican primary was held today for Vanderburgh County Clerk who would you vote for?

Working Together To Strengthen Medicaid For The Most Vulnerable

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Working Together To Strengthen Medicaid For The Most Vulnerable

(WASHINGTON, D.C.) – This month, the House unanimously (406-0) passed a bill authored by Eighth District Congressman Larry Bucshon, M.D. that reduces fraud in the Medicaid program and saves hard-earned taxpayer dollars.

Chairman of the House Energy and Commerce Committee, Congressman Fred Upton (R-MI), penned a column in The Hill highlighting Bucshon’s leadership on the legislation:

“Bucshon led the effort to help cut down on fraud by eliminating bad actors. The thoughtful legislation ensures that providers terminated from Medicare or a state Medicaid program for reasons of fraud, integrity, or quality are terminated across the board from all other state Medicaid programs.

“With a program as large as Medicaid, it will always be a target for fraudsters, but we can work to limit their impact, and this bill is a positive step that will save millions of dollars and send the message loud and clear that bad actors in one state should not be allowed to participate anywhere, period.”

H.R. 3716, the Ensuring Access to Quality Medicaid Providers Act, strengthens the Medicaid program and saves taxpayer dollars by ridding the program of bad actors. Specifically, the bill ensures that providers terminated from Medicare or a state Medicaid program for reasons of fraud, integrity, or quality, are terminated from all other state Medicaid programs.

The Senate is expected to take up H.R. 3716 and the White House released a statement acknowledging the President’s support.

Last year, the Medicaid program celebrated its golden anniversary. A lot has changed over the last 50 years. Originally created in 1965 as a joint federal-state program to provide health care coverage for low-income, vulnerable Americans, it is now the world’s largest health insurance program.

Today Medicaid is an important lifeline for so many in Michigan and across the country. It is estimated the program will expand to cover 83 million people this year – that’s one in four Americans. Given its rapidly growing size, it is imperative the program is working as it is intended – providing care for folks who need it most.

Last week, the House of Representatives voted to make a difference for the nation’s most vulnerable. Republicans and Democrats worked to strengthen Medicaid, and the White House has officially given its seal of approval to these commonsense reforms.

It was an important day that underscores what we can accomplish when we work together.

The bipartisan Ensuring Access to Quality Medicaid Providers Act (H.R. 3716) is the product of two bills authored by committee members Dr. Larry Bucshon (R-Ind.) and Rep. Chris Collins (R-N.Y.) that unanimously cleared both the Health Subcommittee and full committee last fall. It delivers an important “one-two punch” to strengthen the critical program by curbing fraud and increasing access by making it easier for folks to find a doctor.

Bucshon led the effort to help cut down on fraud by eliminating bad actors. The thoughtful legislation ensures that providers terminated from Medicare or a state Medicaid program for reasons of fraud, integrity, or quality are terminated across the board from all other state Medicaid programs.

With a program as large as Medicaid, it will always be a target for fraudsters, but we can work to limit their impact, and this bill is a positive step that will save millions of dollars and send the message loud and clear that bad actors in one state should not be allowed to participate anywhere, period.

In addition to reducing fraud, the legislation helps increase access for those most in need. Finding a doctor is often a difficult task, and Collins led this effort to increase access to care beyond the emergency room. If a state is using a fee-for-service or primary case management system to deliver care to Medicaid patients, this bill requires they provide those patients with a directory of physicians.

Medicaid managed care plans already provide a network of doctors and nurses to care for patients. This requirement ensures that patients in fee-for-service Medicaid programs don’t have to fend for themselves.

Research has shown that access to doctors can be a problem for Medicaid beneficiaries, so this commonsense step will help ensure beneficiaries are empowered with better information that is more readily available. And that’s a good thing.

This bill doesn’t solve all our problems, but it is a significant bipartisan step forward. We were also pleased when the administration announced they would “support House passage of H.R. 3716 because it improves program integrity for Medicaid and the Children’s Health Insurance Program.”

And what happens when Republicans, Democrats, and the White House are all in lockstep supporting meaningful, 21st century reforms? The results are unanimous – a 406 to zero vote.

This bill shows that it’s possible to work together on Medicaid. Let’s keep the momentum going to help our most vulnerable folks.

FOOTNOTE: TODAYS “READERS POLL” QUESTION IS: If the Republican primary was held today for Vanderburgh County Clerk who would you vote for?

Vanderburgh County Drug Symposium set for April 18 

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The Vanderburgh County Prosecutor’s Office will be hosting a Drug Symposium on April 18 to bring awareness and prevention perspectives to the increase of prescription drug abuse and heroin.

We invite you to join us to hear from the three panels of medical experts and addiction specialists from around the state and the local area on how to better understand, treat and enforce the issue.

The day-long event will be held at the Old National Events Plaza with a light breakfast and lunch provided. Please arrive by 7:30 a.m., so the program can begin around 8 a.m.

If you are part of the media and plan to attend (even if it’s just for half of the day), please register. All attendees must be signed up by April 5. You can do so by calling or emailing our office.

Drug Symposium Invitation.jpg

Adopt A Pet

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Feast your eyes on 80 lbs. of pure handsome “bully” love. Meatloaf is a male American Staffordshire terrier. He’s about 2 years old, and unfortunately he’s also heartworm-positive. Thankfully, VHS will cover his $300+ treatment at no cost to his adopters! Meatloaf is only $100 to adopt and will go home neutered, microchipped, and vaccinated. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption details!

Softball ready to play at home on Saturday

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Aces host Drake in MVC opener

The University of Evansville softball team is finally set to play at home as the Purple Aces welcome Drake to Cooper Stadium for Saturday’s Missouri Valley Conference opener.

Action on Saturday gets underway with a 12 p.m. doubleheader while Sunday’s series finale will also begin at noon.

Evansville is coming off of a doubleheader on Thursday at Murray State.  The Racers took a 3-1 win in the first game before the Aces earned the split with a 5-4 win in game two.  Chandra Parr had a great day at the plate, hitting a solo shot in game one before her bases-clearing triple pushed the Aces to the win in the second game.

In the circle, Amanda Blankenship got the job done in seven innings of work over the course of the doubleheader.  She gave up just one unearned run while striking out five batters.  She was credited with the win in the finale.

Drake begins conference play with a 9-10 mark.  The Bulldogs went 32-21 last season and won the MVC regular season championship.  Leading the way is pitcher Nicole Newman, who has a 2.68 ERA over her 78 1/3 innings of work.  She has won seven of their nine games while striking out 91 batters.  Newman is the reigning MVC Freshman of the Year.

Kailee Smith is their top hitter, checking in at .341.  Kelsey Wright has hit .318 and leads the Bulldogs with 66 at-bats and 21 hits.

First Lady to Join GiGi’s Playhouse Indianapolis for World Down Syndrome Day

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Indianapolis – Monday, on the 11th anniversary of World Down Syndrome Day, First Lady Karen Pence will visit GiGi’s Playhouse Indianapolis to raise awareness of Down syndrome. Details below.

Monday, March 21 

1:30 p.m. – 2:00 p.m. EST – First Lady Karen Pence to visit, tour GiGi’s Playhouse

*Media are welcome to attend.

GiGi’s Playhouse – 5909 E. 86th St., Indianapolis, IN

 

EVANSVILLE BAR ASSOCIATION, VOLUNTEER LAWYER PROGRAM ANNUAL AWARDS

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EVANSVILLE BAR ASSOCIATION, VOLUNTEER LAWYER PROGRAM ANNUAL AWARDS WINNERS

Evansville IN – The Evansville Bar Association and Volunteer Lawyer Program of SW Indiana presented the following awards during their annual joint awards luncheon Wednesday, March 16, 2016.

The law firm of Bamberger, Foreman, Oswald & Hahn, LLP was awarded the Susan K. Helfrich Award for Excellence in Pro Bono Service by the Volunteer Lawyer Program of SW Indiana, Inc.  This award is given annually to the attorney or law firm whose actions exemplify a true commitment to making justice accessible to all individuals, regardless of economic ability. In part, the firm’s long history of accepting pro bono cases and their recent leadership in sponsoring two Talk to a Lawyer nights was noted.

Janet Hagan, of Terrell, Baugh, Salmon & Born was awarded the Florence Britzius Award.  The purpose of the Florence Britzius Award is to recognize the legal secretary who has shown outstanding commitment to the profession and the legal community.

Tracie Whalen of Berry Plastics was awarded the EBA Outstanding Paralegal Award.  This award, established by the Evansville Bar Association in 2009, is to recognize those members of the Paralegal Section who have provided outstanding service to the Evansville legal community through their involvement in the EBA and through their work.  Practitioners also recognize this individual with the formal title of Paralegal.

FOOTNOTE:  TODAYS  “READERS POLL” QUESTION IS:  If the Republican primary was held today for Vanderburgh County Clerk who would you vote for?

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