Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.
Rommel David Seaboy Criminal confinement, Level 3 felony
Criminal recklessness, Level 6 felony
Ryan Deshawn Kuhs Battery against a public safety official, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Carrying a handgun without a license, Class A misdemeanor
Public intoxication, Class B misdemeanor
WHATS ON YOUR MIND TODAY?
“IS IT TRUE†will be posted on this coming Friday
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Rev. Payne’s Starts Petition Calling For THE Resignation of Missy Mosby as President of City Council
William “Pooh†Payne grew up in Memorial Baptist Church. His father was the Pastor there, and young William planned to follow the path into the ministry. There was, however, to be an unplanned detour on the journey he had planned. He wound up serving time in a federal prison on his way to ministering to his community. He spent much of his young adulthood behind bars contemplating how he would serve the Lord once he gained his freedom. He affiliated with Broken Chainz Ministries and prepared himself to return to Evansville to serve the community.
Bill returned here in 2015 and has been busy making life better for young people on the south side. He wasted no time teaming up with his sister Phyllis Reed and friends “ID†Davis and LaKalver Butler to start the B.O.S.S. Prep Academy. B.O.S.S. is an acronym for “Brothers Out Saving Souls.†He offers regular “edu-tainment†events to any young people who want to attend. Family Movie Nights and open gym events, and midnight basketball are held at Zion Church on South Governor. Saturdays offer T-ball and baseball at Bellemeade Park..
Rev. Payne’s face lights up when he talks about the vision he has for the future of B.O.S.S. Academy. Tutoring has started at Zion, but he is looking to start a GED program, and working with youth to find employment in order to help them stay out of trouble and in school. A re-entry program to help those who have been in trouble return home and lead productive lives is also planned. A school to prepare children from at-risk homes to achieve and excel educationally is the ultimate goal of B.O.S.S. Prep Academy. He’s still a young man of 42, with great faith, energy, and determination,so we expect to see it happen.
With all of this going on in his life, no one could fault Brother Bill for passing up involvement in the recent Free Speech dust-up at City Council. He saw the potentially negative effect on public participation in government that the ordinance had, he did his homework on the subject, and created a petition calling for the resignation of Missy Mosby as President of City Council through Change.org on Facebook. Set on being an example of community activism for the youth of B.O.S.S. Prep Academy, he was one of several people who contacted citizens to go and speak to Council, and did so himself. Though he is quick to point out that he is NOT political, Rev. Payne said that this is not a partisan matter, but a matter of right versus wrong.
ATTACHED BELOW IS THE LINK TO THE PETITION CALLING FOR THE RESIGNATION OF MISSY MOSBY
IL for www.theindianalawyer.com
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
Bradford Bentley, an Indianapolis Metropolitan Police sergeant, was demoted to patrol officer two years ago and filed a petition for judicial review after the IMPD Civilian Police Merit Board upheld the demotion. He filed his petition on Sept. 10, 2014. The city of Indianapolis as defendant, did not file the transcript from the merit board hearing within 30 days of receiving the sergeant’s summons, as required by Indianapolis Code Section 279-237(o).
A special judge was appointed because Bentley’s wife worked for the Marion Superior Court, and it wasn’t until April 27, 2015, that the city filed the transcript. The trial court struck it from the record as untimely, and also struck the city’s response to Bentley’s motion for summary judgment as untimely. This left just Bentley’s designated evidence, so the trial court ruled in his favor. It ordered the merit board to restore his rank of sergeant with retroactive back pay.
The COA noted how unusual it is for the respondent, rather than the petitioner, to bear the cost and responsibility of preparation and filing of the transcript of the administrative proceeding, but that is how the city of Indianapolis chose to pass the ordinance.
“Having decided to structure its procedure in this fashion, the City is bound to comply with it. The plain language of the Ordinance requires that the City file the transcript of the Merit Board hearing within thirty days of receipt of the summons. In this case, the thirty-day deadline passed on October 16, 2014. The City did not file the transcript until April 27, 2015 — 193 days late,†Judge James Baker wrote for the majority in City of Indianapolis v. Bradford Bentley, 49A05-1510-MI-1765. “And never once, during the course of those six months, did the City request an extension of time or in any way indicate that it was experiencing difficulty with preparation of the transcript. This tardiness was not de minimis; it was extreme. And filing a required document over six months late is not substantial compliance, as the City argues.â€
The city then argued that the remedy was improper and that the trial court was only permitted to remand the case for a new hearing. But under the circumstances of this case, the judges disagreed.
“When an agency errs in its analysis, it makes sense to provide an opportunity for the agency to reconsider its decision by applying the correct analysis. Here, however, the trial court did not find that the Merit Board erred in its analysis. Instead, it found that there was no evidence supporting the Merit Board’s decision. To remand to the Merit Board under these circumstances would, in essence, offer the City a chance of a second bite of the apple.â€
Judge Melissa May concurred with separate opinion, writing that she believes the reasoning from James v. Harvey, 246 Neb. 329, 518 N.W.2d 150 (1994), from the Nebraska Supreme Court, supports the Indiana court’s departure from the general rule that the trial court is required to remand a matter to the administrative agency of finding that the agency’s decision wasn’t supported by sufficient evidence or was contrary to law.
“Instead, when the governmental agency acting as the defendant does not do what it is required by law to do when an individual appeals an administrative board decision, the trial court should have authority to levy appropriate sanctions, including ordering entry of a result opposite that reached by the administrative board,†she wrote.
Power Of Attorney May Trump Guardianship Order
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
The adult children of Helen Kinney Morris, 89, divided into factions over disagreements about her need for care. Two of the children contended that despite having dementia, Morris was not incapacitated while the other four asserted her memory problems were getting worse and putting her in danger.
In 2015, the Howard Superior Court found Morris was incapacitated because she could not take care of herself or her property without assistance. Putting the woman’s best interests and welfare at the front as well as attempting to repair the family dynamic, the court appointed all the children as guardians but gave each specific duties.
Two of the children, Mary “Molly†M. Kinney and Patrick Kinney, declined to be appointed and later appealed the ruling on the grounds that the guardians are unnecessary because there is a valid power of attorney.
The Indiana Court of Appeals reversed and remanded in In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney, 34A02-1510-GU-1809.
Under Indiana Code 29-3-5, the court has the ability to appoint guardians. However, I.C. 30-5-3-4 limits a guardian’s power. The Court of Appeals found a durable power of attorney that Morris executed in 2004, which gave Mary Kinney and Paul Kevin Kinney broad powers, was still valid.
“… it does not appear that the trial court considered the effect of the power of attorney when it determined that guardians were necessary,†Chief Judge Nancy Vaidik wrote. “Accordingly, we reverse and remand this case for the trial court to determine whether any guardians are necessary in light of the 2004 power of attorney and, if so, to give due consideration to the matters listed in Section 29-3-5-5, including (Morris’s) wishes and her existing attorneys in fact (Molly and Kevin).â€
Senior Connection will hold a Medicare Prescription Drug Plan and medical billing seminar Wednesday, July 27th, at 9:00 a.m. at 951 S. Hebron Ave., Suite C (between Bellemeade and Washington Ave.) adjacent to the Senior Connection Office.
Drug plans, deductibles, donut holes…do you have questions or are you confused about your prescription drug plan? Are you tearing your hair out trying to make sense of the last medical bill you received? We can help! Plan on attending our new seminar, which focuses on understanding your drug plan and medical billing questions.
This is an informational program only. No specific plans or companies will be discussed. The seminar will be presented by Jennifer Cross, Part D Sales of Senior Connection. It is free but registration is required. Call Senior Connection at 812-473-7271 or toll free at 800-258-7610 for reservations and directions.
SWIRCA & More is excited to be launching a fundraiser on GIVE65.org! GIVE65, a program of Home Instead Senior Care Foundation, allows nonprofit organizations like ours to raise funds online to help seniors in our local community. We are featuring a GIVE65 Project at GIVE65.orgto help our friends and neighbors age 65 and better right here in Vanderburgh County.
Our online fundraising project will be accepting donations between July 1, 2016-July 14,2016!
Donations will be accepted on our project page at the GIVE65 site:
Even a $10 donation makes a difference!
We need your help to meet (and, hopefully exceed!) our goal of $10,000. The funds we raise on GIVE65 will go towards our program, SWIRCA Wellness Center, to make necessary updates to the room and purchase new age-appropriate exercise equipment. The need for older adults to maintain their physical health is a concern SWIRCA intends to address by updating out Wellness Center. We need your help a provide a Wellness Center specifically geared toward individuals 50+.
Sincerely,
SWIRCA & More
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Help us reach our goal of $10,000. Donate by clicking the link below.
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