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Task force Recommends Expungement Filings Go Online

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Dave Stafford for www.theindianalawyer.com

A panel advising the Indiana Supreme Court on which trial court records should go online has recommended that petitions seeking to expunge criminal records eventually be posted on the state court’s website for public case information.

The Advisory Task Force on Remote Access to and Privacy of Electronic Court Records on Friday recommended those filings be posted on the mycase.in.gov website. That site is the portal for public information from Indiana trial courts that have adopted the state-sponsored Odyssey case management system.

The task force unanimously recommended the petitions be posted online until the point at which a judge orders an offense expunged. After an order is issued, the expungement case file would be removed, as would state court records of the expunged offense.

“Once that order is issued, then that case is confidential and you won’t see it on mycase,” Director and Counsel for Trial Court Technology Mary DePrez told the task force. But in a case where an expungement petition is denied, the case would remain available online under the task force’s recommendation.

It’s uncertain how soon trial court orders will be posted on mycase.in.gov, but it won’t likely happen until next year or later. The Supreme Court will act on recommendations about putting orders, pleadings and filings online after the task force reports its recommendations at a later date.

Panel member and Indiana University Robert H. McKinney School of Law professor Joel Schumm expressed initial reservations about posting expungement records online. He said doing so could harm people trying to get a job, for instance, if the crime turns up in a background check.

“Any low-level felony case could potentially be expunged,” he said, noting that even after an offense is removed from someone’s record, private vendors and third-party web sites may continue to report the offense. “You can’t necessarily put that genie back in the bottle.”

DePrez noted that under bulk-sharing agreements the courts have with outside vendors, those third parties are required to reload the entire database with each new data dump, mostly on a monthly basis.

“Cases that have been expunged will not be available to them,” she said.

Some panelists said there was a public interest in keeping expungement petitions public, particularly in high-profile cases where a prosecutor may not consent or where victims or interested parties might wish to address the matter in court.

The group’s decision to post expungement petitions online came as it separately recommended that all convictions, abstracts of judgment and sentencing orders in criminal cases be posted online, with the exception of “miscellaneous criminal” cases types. Those cases most often deal with warrants, subpoenas, interstate compact issues, mental health issues and other matters that may not be subject to public disclosure.

The panel also voted 7-1 to recommend that records in all juvenile proceedings be kept off the website, after some discussion about records in juvenile proceedings that are not confidential.

Task force members Ken Falk, legal director of the American Civil Liberties Union of Indiana, and Schumm said a preferable policy is to shield all juvenile proceedings from online access even if they may be public records. “This would be consistent with what happens at the appellate court now,” Schumm said.

Hoosier State Press Association Executive Director and General Counsel Stephen Key cast the lone vote against the recommendation. Key said he believed information that was public in juvenile cases should be posted online and that it was possible to address clerks’ concerns so that only that information the Legislature has deemed public would be posted.

The task force’s next meeting is Sept. 2 in the historic reference room of the Indiana State Library, 315 W. Ohio St., Indianapolis. More information about the task force is available here.

WHEN PARENTS GO ROGUE AT SPORTING EVENTS FOR KIDS

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By Tom Purcell

It was the championship game and, after a long tournament series, both the fans and players were showing signs of strain.

A batter was at the plate with a runner at third. When the batter hit the ball, the runner —- unaware that the ball had been caught —- darted for home. A female fan jumped out of the stands and began pushing the runner back to third base. The runner got back just before the center fielder’s throw arrived.
“Safe!” shouted the umpire.

“Fans are not allowed on the field!” shouted the opposing team’s manager, running onto the field. “The runner is out!”

“The runner is safe!” shouted the female fan.

A heated discussion ensued. The manager berated the umpire for not knowing the rules. The female fan shouted at the manager and the umpire. The umpire was humiliated in front of several fans.
If you are a die-hard Major League Baseball observer, you’d probably get a laugh out of this. You’d think it was funny that an overzealous fan lost control and jumped onto the field.
But this didn’t happen in the Major League. It happened at a softball tournament for 8-year-old girls.
“It was the most ridiculous thing I ever saw,” said one player’s father. “They’re just little kids for goodness sakes!”

But this fact was overlooked by some parents, who must believe that winning should come at all costs. Later in the same game, the male coach got into another shout-out with the umpire.
Here’s what happened: One girl, who couldn’t hit the side of a barn with a telephone pole, finally got a hit. The ball may have contacted the bat at the edge of her pinky finger. Under Major League rules, if the ball touched her finger, the hit would be a foul.

But if you’re like most decent people, you wouldn’t care whether the ball hit the girl’s pinky or not. You’d be glad that she was able to finally get a hit.

But not in this game.
Foul!” shouted the male manager, running onto the field again. “The ball is foul!”
When I played Little League many years ago, there were occasional idiot parents and coaches who did such things.

One coach kicked a fence in because the umpire made a bad call. And one kid’s grandparents constantly tormented the umpire from the stands. But, for the most part, most parents were like my own.
My father believed that the purpose of sports —- especially sports for children —- was for kids to have fun and to learn basic lessons about life.

Winning in life is important, he believed. But there are more important things, such as fairness, honesty and integrity.

My father taught me to always try my best, regardless of the outcome. He taught me to have fun, and I had a lot of fun playing baseball.

But, alas, that was more than 30 years ago, when more folks still believed in the virtues —- and believed their kid wasn’t a gift to the world from the heavens.

Today, stop by any Little League competition and you’ll see kid-worshipping parents in the stands, griping about teen umpires who don’t know the rules. You’ll see parents complaining to coaches that their kid should be batting fourth, not eighth. And you’ll fear that the next bad call will cause a brawl to break out.

Because, I suppose, the philosophy has changed since my father coached my Little League team, and it goes something like this: Fairness, honesty and integrity are nice but —- especially where 8-year-old girls are concerned —-winning isn’t everything.

It’s the only thing.

St. Mary’s Hospital for Women & Children Birth Records

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Destanie Dunning and Michael Scott, Evansville, daughter, Alyse Elizabeth Rose, Jul. 24

Meagan Pedigo and JaDon Payne, New Harmony, Ind., daughter, Harper Jo, Jul. 24

Pauline Drew and Adam Tate, Eldorado, Ill., son, Maverick James Dean, Jul. 25

Dominique Johnson and Corbin Fisher, Evansville, daughter, Ny’eese Dominique, Jul. 25

Ashley and Kane Cunningham, Ellery, Ill., son, Kip McCoy, Jul. 25

Kendra and David Schultz II, Newburgh, daughter, Claralene Violette, Jul. 25

Rachel and Bryan Johnson, Evansville, son, Sebastian Quinn, Jul. 25

Tanisha and Blas Castro Jr., Evansville, son, Adam Emeliano, Jul. 26

Stephanie and Vern Rye, Mount Carmel, Ill., daughter, Cybill Grace, Jul. 26

Brigitte and Cody Younker, Mount Carmel, Ill., daughter, Emberlyn Raine Marie, Jul. 26

Jillian and Andrew Newman, Evansville, daughter, Maizee Jo, Jul. 26

Kylie and Chad Thralls, Princeton, Ind., son, Kahne Allen, Jul. 26

Lisbeth and Rey Gaytan, Evansville, son, Rey David, Jul. 26

Susan Bryan and Aiden Haley, Keensburg, Ill., son, Sebastian Owen, Jul. 27

Kimberly Perez and Keith Gorman, Evansville, daughter, Amelya Renee, Jul. 27

Catherine Whitaker and Timothy Landon Jr., Evansville, son, Timothy Allen III, Jul. 27

Mary Jacobson and Chad Galloway, Evansville, son, Elijah Cole, Jul. 27

Joann and Derek Hunter Jr., Evansville, daughter, Ariyah Renee, Jul. 27

Kristi and John Beals, Evansville, son, John Robert, Jul. 27

Kristie and Tony Alspaugh, Evansville, son, Wyatt John, Jul. 27

Amanda Wagner and Robert Redden, Evansville, daughter, Charlotte Elaine, Jul. 28

Kathleen Politz and Nicholas Fuller, Evansville, son, Nicholas Robert, Jul. 28

Katherine and Jacob Duvall, Carmi, Ill., son, Buckett Michael, Jul. 28

Courtney and Josh Stonestreet, Evansville, son, Maverick Drew, Jul. 28

Nicole Feddersen and Roger Watson, Evansville, daughter, Megan Lily, Jul. 29

Alexis Nagle and Tobius Whitfield, Evansville, son, Brayden Timothy, Jul. 29

Marcia and Jeremy Whetstone, Princeton, Ind., son, Jack Karter, Jul. 29

Felisha Short, Mount Carmel, Ill., daughter, Lacey Lynn, Jul. 29

Stephanie and David True, Evansville, daughter, Makenzie Marie, Jul. 29

Stacy and Justin Ross, Mount Vernon, Ind., son, Jerimiah Allen, Jul. 30

Hot Jobs in Evansville

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The Dauby Team of Keller Williams Capital Realty - Evansville, IN
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Hampton Inn Evansville/Airport Hotel – Evansville, Indiana - Evansville, IN
Join our Guest Room Team at the top rated hotel in Evansville. Please submit your indeed application, and then for the quickest potential placement on our team…
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Forever 21  2,983 reviews - Evansville, IN
Previous cash handling experience preferred. Complete sales transactions and maintain proper. Support all management, leads and sales team at all….
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Under the supervision of the RN , the Patient Care Technician (PCT) performs various care activities and related services necessary in caring for the personal…
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The Company complies with all federal, state, and local laws concerning the employment of persons with disabilities, including providing reasonable…
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And create a pleasant environment throughout stock rooms. Ensures all merchandise in stock rooms and on store….
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Goodman Networks  163 reviews - Evansville, IN
Possess a valid driver’s license. Working knowledge of hand tools and power tools. We prefer previous experience in Home Satellite System / Cable / Telephone…
Dedicated Truck Jobs - Evansville, IN
$50,000 – $58,000 a year
Our drivers have access to an industry leading benefits package for the individual driver and his/her family….
Genoa Healthcare  37 reviews - Evansville, IN
Must be a licensed Pharmacy Technician in the state you are applying to. We seek a Pharmacy Technician to support all functions of the Genoa mental health…
Rx Career Center - Jul 31
We plan to sign the older child up for 1 or 2 after school activities so responsibilities would also include driving him….
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We want someone who loves children and has experience playing, reading, and interacting with kiddos and also is CPR certified….
Crucial need for a caregiver each school morning from 6:15am-8:15 a.m. Primary responsibility includes assisting 13-year-old non-verbal, autistic girl get
They are extremely bright and energetic but play well by themselves.. I’m looking for a great nanny for 2 children. Includes pickup from preschool….

Vanderburgh County Democratic Party Calendar of Events 8/1/2016

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Monday,
August 1st
Fundraiser 5:00 PM – 7:00 PM Missy Mosby’s Annual 39th Birthday Party

  • Location: Fraternal Order of Police – 801 Court St – Evansville, IN
  • Cost: $9 per person
  • Sponsorships Available
Thursday,
August 4th
JJ Dinner 5:00 PM Vanderburgh County Jefferson-Jackson Dinner

  • Location: Tropicana Evansville – 421 NW Riverside Dr  – Evansville, IN
  • Precinct Leaders: $25 per person or $40 per couple.
  • General Admission: $75 – VIP Admission: $125
  • Table Sponsorship: $1,500
  • Special Guests: US Senator Joe Donnelly, Attorney General Candidate Lorenzo Arredondo,  Indiana Party Chairman John Zody. with the Keynote Address by Lt. Governor Candidate Christina Hale
  • To purchase tickets, visit www.vanderburghdems.com or call (812) 464-9100
Sunday,
August 7th
Parade 12:30 PM Walk with Gregg for Governor at Strassenfest

Friday,
August 15th
Fundraiser 5:30 PM – 7:00 PM Fundraiser & Wine Tasting for Ben Shoulders for County Commissioner Hosted by Amy & Jim Back

  • Location: Jim Back’s Office – 216 SE Riverside Dr – Evansville, IN 47708
  • Cost: $100 per person, $250 Co-Host
Wednesday,
August 17th
Fundraiser TBD Steve Melcher for County Commissioner Fundraiser

  • Details TBD
Thursday,
August 18th
Fundraiser 5:30 PM – 7:00 PM Indiana House Democratic Caucus Fundraiser with Hosts Ryan Hatfield, Dave Wedding, Gail Riecken, & Eric WIlliams

  • Location: Turoni’s Pizza – 8011 Bell Oak Drive – Newburgh, IN 47630
  • Suggested Contribution: $75 Entrance, $200 Friend of the Caucus, $500 Host
Thursday,
August 25th
Fundraiser 5:30 PM – 7:30 PM Shannon Edwards for Recorder Trivia & Tacos Fundraiser

  • Location: FOP – 801 Court St – Evansville, IN
  • $100 per team of 4
Wednesday,
August 31st
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Friday,
September 9th
Golf Scramble 1:00 PM
Shotgun Start
2016 Labor Temple Golf Scramble

  • Location: Boonville Country Club – 5244 IN-61  – Boonville, IN
  • $75 per individual – $300 per foursome – $425 for Foursome and Hole Sponsor
  • For more information, contact Madi Goebel @ (812) 422-2552
Saturday,
September 10th
Fundraiser TBA Rick Riney for Perry Township Trustee Annual Fish Fry

  • Details TBA
Wednesday,
September 28th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Wednesday,
October 26th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Wednesday,
November 30th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN

VANDERBURGH COUNTY FELONY CHARGES

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

Logan Michael Powell Unlawful possession of a syringe, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Kelly Shawn Emerson Possession of methamphetamine, Level 6 felony

 

Thomas Wayen Heil Jr. Operating a vehicle while intoxicated, Level 6 felony

Possession of marijuana, Class A misdemeanor

Possession of paraphernalia, Class A misdemeanor

Thomas Wayne Heil Jr. Operating a vehicle while intoxicated, Level 6 felony

Possession of marijuana, Class A misdemeanor

Possession of paraphernalia, Class A misdemeanor

Michelle Renee Mitchell Attempted battery by means of a deadly weapon, Level 5 felony

Attempted battery by means of a deadly weapon, Level 5 felony

Attempted battery by means of a deadly weapon, Level 5 felony

Attempted battery by means of a deadly weapon, Level 5 felony

Attempted battery by means of a deadly weapon, Level 5 felony

 

Maykayia Tyreake Smith Battery resulting in bodily injury to a pregnant woman, Level 5 felony

Domestic battery, Level 6 felony

Domestic battery on a person less than 14 years old, Level 6 felony

Domestic battery, Level 6 felony

Lawrence Reginald Barrett Theft, Level 6 felony

False informing, Class B misdemeanor

Cory Joseph Fuchs Invasion of privacy, Level 6 felony

Invasion of privacy, Class A misdemeanor

Bailey George Memorial 5K set for Saturday

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Race to begin at 9 a.m. 

 The loss of University of Evansville runner Bailey George from cancer earlier this year had such an impact on the Purple Aces program and the Evansville community.  Head coach Don Walters is going to make sure that her memory will continue to live on as he has announced the formation of the Bailey George Memorial 5K Walk/Run.

Set for this Saturday, August 6, the race will take place at the Angel Mounds Cross Country Course in Evansville at 9 a.m.  The course was the sight of the 2015 Missouri Valley Conference Championships.  It will be a non-timed event, but a clock will be placed at the finish line for participants to view their times.  A 400-meter children’s event will also take place that day.

Cost of entry is just $15 with proceeds going to the Bailey George Scholarship Fun.  Donations are also welcome.  All participants will receive a commemorative medal.

“What happened to Bailey is just tragic. For someone to be taken so young, it touches everyone,” Walters said.  “The only way that we can remember things is to put them out there and deal with it.  When we do that, we make things better.  We know that Bailey is in a great place and she is watching over us.  We hope that we get able to get great a lot of community support and put on a great event in Bailey’s honor.”

Do Volunteer Drivers Deserve Protection From Lawsuits?

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By Jenni Bengal Stateline news

Many of the nation’s seniors depend on volunteers to shuttle them to grocery stores and doctor’s appointments. And as tens of millions of baby boomers grow old in the coming decades, even more seniors who no longer drive and don’t have access to public transportation will need help getting around.

But advocates say some would-be volunteer drivers shy away because they fear their insurance rates would spike or their policies would be canceled. They also worry they’d be vulnerable to lawsuits in the case of an accident or injury.

Some states have passed laws aimed at protecting volunteer drivers. But questions remain in many other areas about whether volunteers are protected from liability, or need to purchase enhanced insurance.

All of this uncertainty makes it harder to recruit volunteers, said Helen Kerschner, director of the National Volunteer Transportation Center, which provides assistance to volunteer driver programs. “These programs are important because they help people who are homebound or trying to age in place who aren’t able to access services,” she said.

At least five states — Florida, Illinois, Maine, New Hampshire and Vermont — bar insurers from raising rates, imposing surcharges or canceling someone’s policy solely for being a volunteer driver. (In a sixth, California, the law applies only to canceling a policy.)

Maryland passed similar legislation this year, which goes into effect in 2017, and another measure in Delaware is awaiting Democratic Gov. Jack Markell’s signature.

Maryland state Del. Mark Chang, a Democrat, volunteered for a local nonprofit to ferry seniors to grocery stores and dialysis appointments in his Honda Civic. He often heard from other volunteers who were worried their insurance premiums would go up.

He said he sponsored his state’s legislation to ease those concerns and prompt others to volunteer. “I hope it will help remove any obstacles or fears that people may have using their own vehicles to volunteer.”

Maryland’s law and others like it don’t prohibit insurance companies from raising volunteers’ premiums if they drive many more miles. Nor do they protect volunteer drivers if they’ve been negligent or committed willful or reckless conduct.

Robert Passmore, an assistant vice president of the Property Casualty Insurers Association of America, said his trade group, whose members write more than 40 percent of auto insurance policies, doesn’t oppose legislation such as Maryland’s as long as it includes those restrictions.

“If a law says you can’t cancel or raise rates solely because you’re a volunteer driver, we’re fine with that,” he said. “But if you drive a lot more miles or get into a lot of accidents, that should play into how your policy is priced.”

But not everyone in the insurance industry supports such measures.

W. Minor Carter, a lobbyist for the American Insurance Association, whose members sell auto insurance, in February testified against the Maryland bill, saying it was unnecessary because insurers aren’t discriminating against volunteer drivers.

Carter warned the legislation could open the door to anyone claiming he was a volunteer driver. “Now is everybody going to come in to get an exception, to say we’re protected?” Carter said.

Liability Questions

Volunteer driver services for seniors and the disabled are popping up all over the U.S. At least 800 organizations — mostly community-based and faith-based — run programs in 37 states, according to the National Volunteer Transportation Center. About 74,000 people volunteered to drive nearly 471,000 passengers in 2015.

Volunteer driver programs are essential to allowing older people who no longer drive and can’t afford taxis or ride-hailing companies, such as Uber or Lyft, to age in their homes, Kerschner said.

“You need to be able to get out and go to the grocery store and doctor’s appointments and other places,” she said. “When people are isolated, depression sets in.”

In many of the programs, drivers pick up passengers at their door, stay at the destination, make multiple stops and carry packages into their house. Drivers in one New York City program even make cemetery visits.

The programs take many forms. Some use only volunteers; others also have paid drivers. Most volunteers are unpaid, but many get reimbursed for mileage. Many programs offer passengers free rides, but accept donations. Some charge a fee. And many volunteers, often seniors themselves, drive their own cars.

A 2011 report by the National Conference of State Legislatures (NCSL) and AARP found “significant legal ambiguities” surrounding volunteer driver programs, especially when it comes to liability. Some agencies were unsure whether they were liable for accidents involving their volunteer drivers and needed to extend their insurance coverage. Some volunteers reported that insurance agents required them to carry more insurance to cover the extra use of their cars for volunteer activities.

Nearly 20 years ago, Congress passed a good Samaritan law to promote volunteerism by protecting people who volunteer for nonprofits from liability — and many states modeled their own good Samaritan laws on it. But the federal law doesn’t include volunteers operating a motor vehicle. About half of states exclude volunteer drivers from their protection laws, according to NCSL.

Only a handful of states explicitly protect volunteer drivers from liability.

In states where laws don’t address the issue, the situation facing volunteer drivers is less clear. The report said “a strong legal argument” could be made for volunteers in those states to be immune from liability as long as their actions are in good faith and without malicious intent.

Kerschner maintains the problem isn’t the state liability laws; it’s that some insurance agents and nonprofits are misinformed and mistakenly believe volunteer drivers would be liable for accidents or injuries. She said most — but not all — volunteer driver programs carry additional insurance that protects them and their drivers from liability. That means drivers can be protected from an out-of-pocket loss if their own policy isn’t sufficient to cover a claim.

William Henry, executive director of the Volunteers Insurance Service Association Inc., which insures nonprofits, said his group strongly recommends that agencies buy the additional coverage. Doing so helps nonprofits recruit and retain volunteers, Henry said. “They tell the volunteer that we have this policy to back you up if you’re worried about what might happen if you’re in an accident and you’re at fault and your personal policy isn’t enough.”

But sometimes having such a policy isn’t enough to avoid headaches for volunteers, said Elaine Wells, executive director of Ride Connection, a Portland, Oregon, nonprofit that gave rides to more than 17,000 seniors and people with disabilities last fiscal year.

Wells said her nonprofit covers its more than 350 unpaid volunteer drivers under an excess liability policy and they don’t need to buy additional insurance. Even so, she said, over the years, she’s had to advocate for some whose insurance agents have tried to pressure them to buy commercial insurance. Ultimately, the insurers backed down.

Charging for Rides

The situation can be even more complex for organizations that charge their passengers to help cover the cost of the ride.

It’s a challenge for ITNAmerica, a nonprofit transportation network with affiliates in a dozen states that have about 500 volunteer drivers and up to 50 paid drivers.

Katherine Freund, the group’s president, said some states consider it a “livery service” — transporting people for pay, similar to Uber and Lyft — and view the drivers as being “for-hire.” Livery requirements vary from state to state, she said, but for her organization, they could mean being forced out of the market or needing to purchase much more costly insurance or applying for licenses intended for traditional livery services.

The network, which has about 5,000 members, shouldn’t be considered in the same category as for-profit companies because it serves the common good and isn’t trying to make a profit, Freund said. Passengers pay annual membership fees ranging from $40 to $75, she said, and fares average about $12.

“ITN wanted people to have true freedom of choice and true mobility,” Freund said, noting that her group’s services are available to seniors 24/7 for any purpose. “God forbid an older person wants to go play bridge rather than go to the doctor.”

Several states have exempted nonprofits that give rides to seniors from livery laws.

Freund hopes other states will follow their lead, and warned that treating nonprofit volunteer driver programs the same as for-profit ride-hailing companies will only hurt seniors in the end.

“These services are huge,” she said. “Without them, older people are stranded.”

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.

Brian Keith Moschner Operating a vehicle as a habitual traffic violator, Level 6 felony

Resisting law enforcement, Level 6 felony

Curtis James Tuggers Burglary, Level 4 felony

Theft, Class A misdemeanor

Theft, Class A misdemeanor

 

Dennis Kyle Marshall Intimidation, Level 6 felony

Intimidation, Level 6 felony

Andrae Lamonte Ellington Jr. Dealing in marijuana, Level 6 felony