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THE CASE FOR JOE BIDEN TO ENTER THE RACE

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By Rick Jensen

Hillary has been crashing in polls over the past few months, with her “unfavorable” rankings climbing to 56 percent. Meanwhile, Bernie Sanders’ approval ratings have grown dramatically.

This doesn’t necessarily mean Bernie will be the Democratic nominee for a couple of reasons.

NBC, Morning Consult and Ipsos polls have Hillary leading Sanders into the primary 50 to 40 percent, 46 to 39 percent and 55 to 43 percent, respectively.

This indicates that the candidate with more baggage than a Chinese Samsonite factory is still likely heading to the convention, which drinking age millennials will give little more than a furtive glance at their favorite craft brewpub video screens.

The Pew Research Center estimates 51 percent of millennials are Democrats, and while demographers define millennials as being born between 1978 and 2000, it seems fairly accurate that you’re looking at three out of ten Americans of voting age being millennials, of which approximately 21-22 percent voted in the last two elections.

They like Sanders.

Benefitting Hillary is the Democratic National Committee, run by Hillary supporter Debbie Wasserman-Schultz. They’ve already loaded Clinton with “Superdelegates” chosen to support “the Party” regardless of the winner of Democratic primaries, as demonstrated in New Hampshire.

This puts Hillary in the stronger position no matter how well Sanders does in the primaries, which will certainly disillusion millennials, as well as older Democrats, who see the rat swimming in the soup.

Already distrusted by most Americans and experiencing public pushback from young women offended by the claim that young women are required to vote for Hillary “because she’s a woman,” the Democratic Party has a real problem.

There is no voter enthusiasm for Hillary and it looks very much like the Democratic Party has little enthusiasm for Bernie. After all, the idea for “Superdelegates” was created after another far-left candidate won the Democratic nomination and got crushed by the Republican candidate, Richard Nixon, who beat George McGovern in every state except Massachusetts and the District of Columbia.

Meanwhile, polls over last few months have Vice President Joe Biden coming in around 47 to 51 percent favorability.

In Biden, Democrats see an authentic human being, unlike Hillary and much like Sanders without the scruffy, wild-haired, absent-minded professor demeanor.

They admire his foreign policy positions.

Joe agitates the base, scorching Republicans as evil overlords who want to “take you’re a— out” and “put you back in chains.”

With the passing of Supreme Court Justice Antonin Scalia, Democrats are looking to create excitement with their base by marketing the nomination process as a battle between good and evil. If the Republicans deny President Obama’s nominee, they will be portrayed as Darth Sidious.

If Obama can nominate an African-American woman with a Hispanic surname who desires eliminating the Second Amendment, it’s a huge publicity win as Democrats and their media allies will enjoy portraying the Republicans opposing her as misogynist racists.

Biden also knows the game of “Borking” Supreme Court nominees. He and the late Senator Ted Kennedy invented it.

Remember Kennedy’s historic nationally televised attack on Robert Bork:

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens.”

Iconic liberal Supreme Court Justice Warren Berger was shocked. He called Bork the most qualified nominee he had seen in his lifetime.

Every word was a lie, but that doesn’t matter in political bloodsport. Biden and Kennedy won the fight and changed America.

Biden knows how to run this kind of campaign. He can energize the base and win the support of the DNC. No one would be better at anticipating Republican pushback and turning it into effective messaging.

Biden could win the nomination. He could bring out the Democratic vote. He’s not eccentric and his family’s foundation hasn’t been subpoenaed by the FBI.

This is Joe’s time.

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Hot Jobs in Evansville

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University of Evansville 12 reviews - Evansville, IN
Process paperwork such as copy requests, purchase orders, PCard reconciliation, internal charge authorizations, receipt and payment of invoices, room…
Fed-Ex Ground 35 reviews - Evansville, IN
Ability to use basic tools and equipment such as skate wheel rollers, dock carts, hand-held scanners, chutes and unloading devices….
FedEx Ground Warehouse - 7:14 PM
Tropicana Entertainment Inc. - Evansville, IN
Completes cash or credit card transactions. 6.Will sell alcoholic beverages and tobacco to guests, in addition to other merchandise….
Tropicana Entertainment - 3:13 PM
YMCA of Southwestern IN - Evansville, IN
Possess a valid driver’s license and be 21 to drive company vehicles. Develop lesson plans. Plan and implement youth activities….
Easily apply
R.A.S Delivery Services - Evansville, IN
The candidate must have or be able to obtain a valid driver’s license. Ensure Delivery Team paperwork is in order and signed and separate paperwork for billing,…
Easily apply
Southwestern Healthcare 6 reviews - Evansville, IN
Applicants must pass the required criminal background checks,pass a drug screen, hold a valid driverÂ’s license and qualify for SouthwesternÂ’s vehicle liability…
Evansville Vanderburgh School Corporation 9 reviews - Evansville, IN
$45,000 – $50,000 a year
Manager of Technical Support. Questions concerning compliance with these laws should be directed to the Chief Human Resources Officer, Evansville Vanderburgh…
Trilogy Health Services - Evansville, IN
Partners with area support teams and home office recruitment and social media/creative services teams to proactively develop a pool of qualified candidates in…
Deaconess Health System 11 reviews - Evansville, IN
Prepares quantity and quality of food needed for patients, staff, medical staff and special functions and guests according to standardized recipes….
francesca’s – Eastland Mall - Evansville, IN
When shoppers visit francesca’s® they will find that each boutique is a treasure chest overflowing with gifts, apparel, home accessories and jewelry that…
Easily apply
FIFTH THIRD CENTER-EVANSVILLE - Evansville, IN
Membership Advantage onsite presentations, business sales calls, community financial literacy events, etc.)….
Fifth Third Bank - Feb 26
AlliedBarton Security Services 3,664 reviews - Evansville, IN
Answer phones or greet guests / employees in a professional, welcoming manner. Answer questions and assist guests and employees….
American Cancer Society 530 reviews - Evansville, IN
Bachelors degree in related field and/or equivalent combination of education and experience. We are an Equal Opportunity Employer and do not discriminate…
Deaconess Health System 11 reviews - Evansville, IN
Employee must maintain BLS CPR certification for healthcare providers. Answers multi-line phones. Will maintain competency for front office duties including but…
Berry Plastics Corporation 76 reviews - Evansville, IN
Electrical, and mechanical systems on all types of. Inspect and repair pneumatic, hydraulic, electronic,. Knowledge of mechanical systems and proven ability to….
Southwestern Healthcare 6 reviews - Evansville, IN
Applicants must pass the required criminal background checks,pass a drug screen, hold a valid driverÂ’s license and qualify for SouthwesternÂ’s vehicle liability…
UNIVERSITY HEIGHTS BC - Evansville, IN
As a Banking Customer Service Rep with Fifth Third Bank, you will develop rapport with the customer base, greet them by name, be responsive and timely with…
Fifth Third Bank - Feb 26
Tropicana Entertainment Inc. - Evansville, IN
Discovers guests’ needs and appropriately suggests products with every guest to enhance service and meet goals….
Tropicana Entertainment - 3:13 PM
Lowe’s home Improvement, Indiana - Mount Vernon, IN
Leads the strategic implementation of staffing, training, developing, and retention of all location personnel….
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Deaconess Health System 11 reviews - Evansville, IN
Assists in discharge process from medical office including collecting payments, posting charges, issuing receipts and posting payments….
Deaconess Health System 11 reviews - Evansville, IN
The Mental Health Tech will demonstrate the principles of Compasion in Action; demonstrate teamwork to accomplish tasks/goals. The MHT will contribute to the
Deaconess Health System 11 reviews - Evansville, IN
CLEANS AND SANITIZES PATIENT AND ANCILLARY AREAS AT DEACONESS CROSS POINTE. PROVIDES EXCELLENT CUSTOEMR SERVICE TO THE CUSTOMER….
Tropicana Entertainment Inc. - Evansville, IN
Must have a valid driver’s license and have successfully pass a driving background check. Guest Service, manual transmission proficient, clean driving record….
Tropicana Entertainment - 3:13 PM
Holiday Retirement 176 reviews - Evansville, IN
Senior living, retirement community, senior care, customer service, Facility Management, Relocation, Working couples, Retirement living, Community Management,…
WEI Transportation Solution US - Evansville, IN
Certified Move Consultant (CMC) designation preferred. Effectively leads, plans and manages the WTS Move Management system and processes, including the…
Weichert, Realtors - Feb 26
CROSSMARK 1,373 reviews - Evansville, IN
In the event the associate drives a personal or Company-provided vehicle for business purposes, the associate is required to maintain a valid state-issued…
Deaconess Health System 11 reviews - Evansville, IN
Important to have very good phone etiquette with patients and families. Be part of the Deaconess team by assisting patients with their menu selection per Call…
University of Southern Indiana 30 reviews - Evansville, IN
$9.50 an hour
Cover letter, resume, references, etc. Electronic submissions only. And perform minor carpentry and routine painting tasks….
Springleaf 3 reviews - Evansville, IN
Team Leaf Care is an internal help desk that provides technical and account support to Springleaf team members….
Springleaf Financial Services - Feb 26
Evansville Vanderburgh School Corporation 9 reviews - Evansville, IN
$42,000 – $44,000 a year
Manager of Technical Support. Lead Systems Support Technician. Questions concerning compliance with these laws should be directed to the Chief Human Resources…

VANDERBURGH COUNTY FELONY CHARGES

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

Patrick Aaron Matthews Possession of methamphetamine, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Logan Wayne Cheshire Possession of marijuana, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor

Logan Riley Fettinger Unlawful possession of a syringe, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

Darius Anthony Sears Dealing in a synthetic drug or synthetic drug look-alike substance

Possession of marijuana, Class A misdemeanor

Juan Cortez Martin Operating a vehicle as a habitual traffic violator, Level 6 felony

Wade Bryon Woolard Auto theft, Level 6 felony

Lashanda Nicole Fleming Operating a vehicle as a habitual traffic violator, Level 6 felony

Douglas Lamont Wilford Domestic battery, Level 6 felony

Criminal confinement, Level 6 felony

Interference with the reporting of a crime, Class A misdemeanor

Randall J. Hagan Operating a vehicle with an ACE of .08 or more, Level 6 felony

Possession of marijuana, Class B misdemeanor

MOBY DON

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THE POLITICS OF JUDGING by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 29 February 2016)

THE POLITICS OF JUDGING

We elect a president every four years. We elect House members every two years and one third of the Senate every six years. We never elect any federal judge or federal magistrate or federal referee. Some of our states elect many of their judges. Some states elect some of their judges. However, even in states that claim to elect all of their judges, many persons who fill judicial roles, magistrates or hearing officers for example, are selected without general citizen input.

In those situations where judges are not elected, most citizens are excluded from the process while the executive and legislative branches of our federal and state governments select our judges. There is a general misperception that this so called “merit selection” removes the judiciary from the political process. Our current mud wrestling over the replacement of United States Supreme Court Justice Antonin Scalia is just the most recent evidence politics pervades merit selection. The difference between merit selection politics and electoral politics is, appointed judges are products of micro politics that eschews democracy.

This affront to our Separation of Powers has not produced judicial decisions free from political influence. From Marbury v. Madison to Dred Scott to Bush v. Gore to Citizens United and thousands of other cases both federal and state, politics has often driven judicial decisions. In fact, as Alexis de Tocqueville (1805 – 1859) so accurately observed, “In the United states, there is hardly a political question which does not sooner or later turn into a judicial one.” He might well have declared the corollary of this proposition to also be true: In America, judicial decisions are often driven by politics.

This is true whether judges are elected or appointed. The difference is, elected judges are chosen by the many, appointed judges by a few. Another important distinction is many appointed judges serve lengthy terms, some for life, whereas elected judges are subject to review at the next election.

Judges are people. That’s all we need to remember. Most may be good most of the time. Some may be corrupt, lazy, incompetent or crazy. It is the judge, not how she or he comes to the Bench, which controls their judgments. If we have certain reasonable criteria for being a judge then what matters most is that the third branch of our government be independent and fair, and, if not, that we can readily replace them.

Agreeing upon standards for judicial candidates should not be difficult. It is probably reasonable that they be American citizens, residents of the jurisdiction they seek to serve, free of criminal convictions, of a certain age, a college and law school graduate who has passed at least one Bar Examination, have a minimum number of years practicing law without ethical violations and be healthy enough to do the work. You may have other ideas. That’s fine, reasonable minds can come to suitable criteria.

My experience of being a judge, knowing judges and teaching judges leads me to the conclusion we are all about the same. If a judge meets reasonable qualifications and is of good character, he or she will most likely decide most cases fairly.

If I am correct that the judge, not the method of a judicial selection, determines judicial decisions, then we can concentrate on the method of selection with the objectives of enhancing both justice and democracy. I have a few suggestions. Of course, you might also.

Supreme Court: Ex post facto laws don’t apply to 2 sex offenders

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Scott Roberts for www.theindianalawyer.com

The Indiana Supreme Court affirmed two men had to register as sex offenders after moving from other states, saying the requirement did not violate the Indiana Constitution’s prohibition against ex post facto laws.

Sidney Lamour Tyson moved to Indiana in 2009, and in 2014 he was pulled over for driving with an expired license plate. The officer found Tyson had been adjudicated a delinquent at 13 for aggravated sexual assault and indecency with a child. Tyson had registered as a sex offender in Texas, but not Indiana. Tyson was charged with the Class D felony failure to register as a sex offender.

At trial, Tyson filed a motion to dismiss the charge. Before 2006, he would not have had to register as a sex offender in Indiana, but in 2006, Indiana law changed. Tyson said because his offense occurred before 2006, he did not have to register as a sex offender in Indiana, an ex post facto violation. The court denied his claim.

The Indiana Court of Appeals upheld the trial court, saying the ex post facto clause was to give fair warning of what conduct will result in criminal procedures, and Tyson had sufficient warning. The COA also said because he was required to register in Texas until 2014, he remained a sex offender upon relocation. Tyson sought a transfer to the Indiana Supreme Court, saying the relevant date for ex post facto analysis is the commission of the offense, not relocation. The Supreme Court granted his transfer and ruled Thursday in Sidney Lamour Tyson v State of Indiana, 45S03-1509-CR-528.

In State of Indiana v Scott Zerbe, 49S05-1509-MI-529, Scott Zerbe was convicted of criminal sexual conduct with a minor in 1992, before Indiana or Michigan had sex offender registry laws. Zerbe moved to Indiana in 2012, and petitioned the trial court to take him off the sex offender registry in Indiana. He said because he committed his crime before 2006, he should not have to register. The trial court granted his request.

The COA overturned the ruling in a split decision, and Zerbe asked for transfer to Indiana Supreme Court, which was granted. The Supreme Court reversed the trial court, finding no ex post facto violation because Zerbe was under an obligation to report and the Indiana statute did not impose any additional punishment.

Supreme Court Justice Mark Massa wrote the decisions in both cases and applied the ruling in Tyson to the Zerbe appeal. He wrote the state posed no ex post facto violation as applied to Tyson. Massa said Tyson was required to register in Texas years before Indiana’s statutory definition was amended to include him, and it was not an undue burden on him to register in Indiana like he did in Texas. He merely maintained his offender status across state lines.

Zerbe’s case was slightly different than Tyson’s, Massa said, because there was no sex offender registration law in Michigan when Zerbe committed his offense, but Massa said that did not make a difference. Massa said it’s not Zerbe’s crime that compels him to register, but the Michigan registry requirement. Michigan courts have determined its act can apply retroactively to offenders, and Indiana is in no place to dispute that.

Because Zerbe was required to register as a sex offender for 25 years, he will be registered in Indiana until 2017.

Also in the Tyson case, Tyson said he did not fit the definition of a sex offender under Indiana Code 11-8-8-5. He argued the statute meant a sex offender must be a person who is required to register as a sex or violent offender in any jurisdiction and should be a child who has committed a delinquent act. The court disagreed, saying the code meant a person who is required to register as a sex or violent offender, including a child who has committed a delinquent act. Massa said Tyson’s reading of the statue is far too narrow. “Reading subsections together as one list of requirements would lead to an absurd result,” Massa wrote.

Baseball knocks off USC Upstate in weekend opener

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SPARTANBURG, S.C. – With the University of Evansville tied up at 1-1 in the sixth inning, Purple Aces head coach Wes Carroll turned to pitcher Brent Jurceka to keep the USC Upstate offense at bay, and the senior delivered as he led UE to a 5-2 victory over the Spartans at Cleveland S. Harley Park.

“It feels great to get in the win column,” UE head coach Wes Carroll said. “We got a quality start from Patrick Schnieders, and then Jurceka came in and did a heck of a job for us to close the game out. It feels good to win on a Friday, and hopefully it sets up for more success going into tomorrow.”

Jurceka, who served as UE’s closer a season ago, recorded the final 10 outs of the ball game for the Aces (1-3), allowing one run on four hits. He also struck out four without issuing a single walk to earn his first victory of the season. It was a strong pitching day overall for the Aces as Patrick Schnieders rebounded from his first appearance of the season, tossing 5.2 one-run innings.

The opening stanza would be a tale of missed opportunities for the Aces, beginning with stranding two runners in the top half of the frame before a Charlie Carpenter two-out double in the bottom half gave the Spartans the lead.

Carpenter as well as Cody Brittain led all hitters in the contest with three-hit outings for Upstate (3-2).

As the innings wore on, it seemed as if the single run might be enough for the hosts as starting pitcher Blake Whitney found his groove, tossing perfect second, third, fourth and fifth innings. However, it would start to come apart for the right-hander in the sixth as a two-out single and wild pitch put Boomer Synek 90 feet from home. Trey Hair, who starred in last weekend’s series at South Alabama, took advantage of the opportunity, doubling to right center to even things up.

Travis Tokarek led off the seventh by reaching on a two-base error, and it would ultimately prove costly as Eric McKibban doubled him home to give UE its first lead of the season. A two-out single from Josh Jyawook doubled the advantage later in the frame, and Hair picked up another run batted in with a bases loaded walk to give the Aces a 4-1 advantage heading into the seventh inning stretch.

Hair was the only UE player to record multiple hits, finishing 2-for-3 with a pair of walks. Overall, the Aces were out-hit 10-7.

After a Daniel Fickas lead-off triple ultimately resulted in another Spartan score in the bottom of the seventh, Korbin Williams singled and stole second in the ensuing half-inning to turn the momentum back in UE’s favor. An errant throw from Upstate third baseman Jordan Ford brought another run home for the Aces to re-establish the three-run cushion for good.

UE will return to action on Saturday as the team will stay in Spartanburg, but this time pay a visit to Wofford. First pitch from Russell C. King Field is slated for 1 p.m. Central.

 

IceMen Earn Point, Fall in Shootout to Gladiators

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Records:  Evansville: 19-25-6-2; Atlanta: 29-19-4-2

Goalies:   ATL – Patterson (W), 14-7-2-1, 18 saves

               EVN – Greenham (SOL), 6-5-1-1, 36 saves

Scoring:

1st Period: 1. EVN – Sims 12 (Fawcett, 3:39); 2. EVN – Zay 6 (Harrison, Hagaman, 8:22); 3. ATL – Phillips 1 (Nunn, Albers, 9:41); 4. ATL – Frazee 11 (Register, Stejskal, 11:20); 5. ATL – Frazee 12 (PP, Register, Nesbitt, 19:27)

2nd Period:  6. EVN – Penny 5 (Himelson, Trebish, 11:51)

3rd Period:  No Scoring

Overtime:  No Scoring

Shootout: EVN – Leveille (save), Penny (save), Moon (save); ATL – Phillips (save), Nesbitt (goal)

EVANSVILLE, IN – The Evansville IceMen earned a point in their fifth straight home game Friday at the Ford Center, but the Atlanta Gladiators edged the IceMen in a shootout. It was the first of two games between the two teams this weekend, as Evansville celebrates Pink the Rink Weekend.

Two goals in the first half of the first period put the IceMen in front 2-0 in a high-scoring opening period. Jordan Sims scored on the first Evansville shot when he beat Atlanta goalie Kent Patterson with a backhander through the legs on a 2-on-1 rush 3:39 into the game. Then Matthew Zay picked up a rebound off of the post and jammed the puck under Patterson’s right pad at 8:22.

The Gladiators answered in a big way, as Zach Phillips scored his first ECHL goal on a one-timer at 9:41. Former IceMen forward Thomas Frazee then struck twice against his old team. He first fired a shot into the top of the net from the left circle to tie the game at 11:20. Frazee then gave Atlanta the lead entering the first intermission, when he tipped a shot in front of Evansville goalie Scott Greenham on a power play with 33 seconds left in the period.

Rookie Ryan Penny tied the game for Evansville midway through the second period, when he deflected a point shot from Andrew Himelson past Patterson. It was Penny’s third point in his first two games since rejoining the IceMen from Binghamton in the AHL. Atlanta outshot Evansville 21-11 through two periods of play, but Greenham made several key saves in the middle frame to keep the game tied 3-3 after two.

Greenham made 14 more saves in the third period, and Patterson stopped seven, as the two teams skated into overtime for the second time this season. After no scoring in the extra period, Derek Nesbitt pocketed the only shootout goal against Greenham to send the Gladiators to a 4-3 win.

The IceMen and Gladiators meet one more time Saturday at 7:15pm at the Ford Center to wrap up Pink the Rink Weekend. Evansville will again wear its special black and pink jerseys, which will be auctioned off after the game. A portion of the proceeds from the auction will go to Susan G. Komen Foundation benefitting breast cancer research.

UPCOMING HOME GAMES

Sat. 2/27 – Atlanta at Evansville (7:15pm) – Ford Center

                        Pink the Rink Weekend – Jersey Auction

Fri. 3/4 – Tulsa at Evansville (7:15pm) – Ford Center

                        Colon Cancer Awareness Night / Book Drive Kick Off

Sat. 3/5 – Tulsa at Evansville (7:15pm) – Ford Center

                        Book Drive

Sun. 3/6 – Wichita at Evansville (5:15pm) – Ford Center

                        Faith Night / Subway Family Night / Last Day of Book Drive

CITY COUNTY OBSERVER RESPONDS TO WINNECKE SPENDING HABITS

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