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Justices Toss Meth Conviction, Advise Courts On Indigent Depositions

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Dave Stafford for www.theindianalawyer.com

A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.

Thomas Hale was convicted of Class A felony dealing in methamphetamine, but he was denied the opportunity to depose two potential co-defendants who had struck plea deals with the state. Huntington Superior Judge Jeffrey R. Heffelfinger denied Hale’s motions to depose Amanda Casto and Greggory Fisher the same day the motion was filed. The Indiana Court of Appeals affirmed Hale’s conviction, finding Hale had waived his objection when he failed to re-raise it when the co-defendants were called to testify at his trial.

But a unanimous Supreme Court found the trial court had abused its discretion by rejecting Hale’s motion to depose the co-defendants, because the denial failed to issue findings explaining the court’s rationale. Justice Mark Massa wrote for the court that denials of motions to depose must include findings addressing tests for whether the discovery request is sufficiently designated, material to the defense, and whether the state made a sufficient showing of paramount interest in non-disclosure. These tests spring from Dillard v. State, 257 Ind. 282, 291–92, 274 N.E.2d 387, 392 (1971), and Crawford v. State, 948 N.E.2d 1165, 1169 (Ind. 2011).

“Here, Hale sought to depose two State’s witnesses, after they had pleaded guilty to pending charges and were disclosed as State’s witnesses. On its face, the motion clearly satisfied the first two parts of the Dillard test: it identified the two witnesses sought to be deposed and why the proposed deponents were material to the State’s case,” Massa wrote. “And Hale even went beyond these requirements, noting how long the depositions were expected to last (a mere half-hour each), and that counsel had already coordinated a deposition time with counsel for both of the proposed deponents so that the depositions could occur on the same day, still some three weeks in advance of the date then scheduled for trial. Yet the motion was denied the same day it was filed, without explanation.

“(W)e believe that when the trial court denies an indigent defendant’s motion to conduct a deposition at public expense, the court should issue factual findings addressing each part of the Dillard/Crawford test. The trial judge is ultimately in the best position to consider the sincerity of the parties’ arguments regarding the three-part test, as well as the overall costs associated with the proposed depositions, and potential alternatives that may better promote pre-trial efficiency of the case.  But without the benefit of knowing the trial court’s rationale, our appellate courts are forced to presume that ‘exculpatory or mitigating evidence would have surfaced from the depositions sought,’” Massa wrote, citing Murphy v. State, 265 Ind. at 121, 352 N.E.2d at 483 (1976). “Specific findings by the trial court, however, should resolve that ambiguity going forward.”

The case is Thomas L. Hale v. State of Indiana, 35S02-1601-CR-37. This is also the first opinion new Justice Geoffrey Slaughter has joined since taking the bench Monday.

John Gregg for Governor Statewide Canvass Kickoff

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John Gregg for Governor Statewide Canvass Kickoff

Saturday, June 25th
12:00 PM

Location:
Gregg SW IN Headquarters
1010 Sycamore St

Paid For & Authorized by the Vanderburgh County Democratic Party, Rob Faulker Chairman
Vanderburgh County Democratic Party
401 SE 6th Street
Suite 200
Evansville IN 47706 United States

Indiana Department of Veterans Affairs to host Community Outreach Event in Indianapolis

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The Indiana Department of Veterans Affairs (IDVA) will be hosting a Community Outreach event for Hoosier veterans, service members and their dependents on Wednesday, June 22, 2016. The event will offer variety assistance for participants including introductions to prospective employers, remission of fees, VA benefits, claims process, care and education opportunities.


“The event is an opportunity to increase awareness of available resources for veterans as a result of their military service,” said Deanna Pugh, Director of Veterans Employment and Education. “Hoosier veterans bring unique skills, leadership capabilities and experience to the table. We invite all those who are interested to register for the event and take full advantage of opportunities offered to veterans by the state of Indiana.” 

The event will take place from 10:00 a.m.- 2:00 p.m. EST at the 38th Division Armory, 3912 W. Minnesota Street, Indianapolis, IN 46241. To register, please visit IDVA’s event page or call toll free at 1-844-480-0009. Admission is free and open to the public.   

Since its establishment in 1945, IDVA has remained focused on aiding and assisting Hoosier veterans and qualified family members or survivors, who are eligible for benefits or advantages provided by the state of Indiana and the U.S. government.

Adopt A Pet

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Papi is an 8-month-old male Chihuahua. He lived with several other dogs in his previous home! His $120 adoption fee includes his neuter, microchip, heartworm test, and vaccines. Stop by the shelter Tuesday-Saturday 12-6, call (812) 426-2563, or visit www.vhslifesaver.org for adoption information!

Allie Arguello earns MVC Postgraduate Scholarship

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Arguello graduated from UE in 2016

 ST.LOUIS– Alexandra Arguello of Evansville (women’s soccer); Kayla Bell of Drake (women’s track); Keagan Potts of Loyola (men’s track); and Jonny Rigby of Southern Illinois (men’s tennis) have been named 2016 Missouri Valley Conference postgraduate scholarship winners as announced by Commissioner Doug Elgin. The Missouri Valley Conference Faculty Athletics Representatives Committee voted to award postgraduate scholarships to the four student-athletes, due to their exemplary academic and athletic performances. Each will receive a $5,000 postgraduate scholarship from the Conference.

Arguello, a native of Las Vegas, earned a spot on the 2015 MVC All-Tournament Team and was also named a Second Team All-Conference player in 2015. She played in 18 matches and tied for second on the squad with seven points while also tying for the team high with three goals. Arguello notched 32 shots (second on the team) and netted a penalty kick for the game winner in a 1-0 win over Missouri State. She earned the MVC Commissioner’s Academic Excellence Award in each of the last three years and is also a 4-time MVC Honor Roll member. Arguello completed her undergraduate degree at Evansville with a 3.94 GPA in Biology and was a President’s Council Academic Excellence Award winner this spring. She is pursuing a Doctor of Allopathic Medicine degree and plans to attend the University of Nevada.

“I am very happy for Allie to be able to be rewarded for all of the hard work she has put in to her academics and athletics,” head coach Krista McKendree said.  “She has exemplified what you would want a student-athlete to be and deserves all of the accolades she has received because of that.”

A native of Bolingbrook, Ill., Bell completed her undergraduate degree at Drake with a major in psychology and a minor in sociology while sporting a 3.92 cumulative grade point average. Bell has been admitted to Drake’s master’s degree program in counseling with a concentration in clinical mental health counseling. Bell is a two-time MVC Track & Field Scholar-Athlete Team member and was decorated at Drake as “Outstanding Junior in Psychology” in 2015 and “Outstanding Senior in Psychology” in 2016. She was named the MVC Elite 18 Award recipient during the MVC’s indoor championship. During her final MVC Championship, she earned All-MVC honors in both the triple jump and long jump. She finished her career as the Drake school record holder in both the indoor and outdoor triple jump and ranks in the top three all-time in the indoor and outdoor long jump.

Potts is pursuing a Master’s degree in Philosophy from Western Illinois University where he plans to enroll this fall. While at Loyola, he established a school record in the pole vault indoors in 2013 and outdoors in 2014. He also is part of Loyola’s school-record holding 4×100-meter relay team from 2015. He graduated from Loyola with honors in Philosophy and in English with a cumulative grade point average of 3.79. Potts, a native of Edina, Minn., has received Scholar-Athlete honors from both the Horizon League (2012-13) and MVC (2014-15).

Rigby concluded his career as a Saluki as one of the best men’s tennis players in recent program history. In 2016, Rigby earned All-MVC honors for the fourth consecutive year after posting a .722 win percentage with a 39-15 combined doubles and singles record. He finished his career with 78 singles wins and 66 doubles wins to total 144 combined wins, which ranks second all-time at SIU for a career. The Lancashire, England, native’s success carries over to the classroom. Rigby earned first team Scholar-Athlete honors for the third time in his career after posting a 3.48 GPA in management. He was named to the SIU Dean’s List four times throughout his four years. Rigby graduated in May, and is currently working toward his master’s in sports studies. The Intercollegiate Tennis Association recently recognized him as the 2016 ITA/Arthur Ashe Leadership and Sportsmanship Award recipient in the Central Region.

To be eligible for consideration, recipients must have achieved a cumulative grade-point average of at least 3.40, participated with distinction in a Missouri Valley Conference championship sport for at least two seasons at the nominating institution and must graduate from their institutions within 18 months following selection at the spring meetings of the Faculty Athletics Representative Committee.

Also, the recipients must be accepted for postgraduate studies at an institution of higher learning at the time of receipt of the scholarship. And, the recipients must have completed eligibility for participation in intercollegiate athletics in the academic year in which nom

UE Trustee, Quartet, Professor and Friends Honored by Arts Council

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Members of the University of Evansville community were among the recipients of this year’s Arts Council of Southwestern Indiana Awards. The awards were presented today at a ceremony at the Bower-Suhrheinrich Foundation Gallery at the Arts Council of Southwestern Indiana in Evansville.

Steve and Susan Worthington received the 2016 Mayor’s Arts Award given to recognize talent, hard work, and dedication to the arts over a lifetime of service in and around Evansville. Steve, a graduate of UE, and Susan belong to every organization at the University that supports the arts. They are members of the board of directors of these groups and give their time and energy to support events and initiatives developed by the organizations. Both have been recognized with awards from the University.

The Worthingtons are long time volunteers and patrons of Willard Library and the Evansville Museum. Steve is a member of the museum’s board of directors, and Susan is an active member of the Bethlehem United Church of Christ’s bell choir.

The winner of the Arts Council’s ensemble award was the Eykamp Quartet, a group supported by the Eykamp family, the Evansville Philharmonic, and UE. This resident quartet – comprising Robert Anemone. Alicia Choi, Rose Wollman and Kirsten Jermé – enriches the musical, cultural, and educational activities of the Evansville community.

The group is the resident quartet at UE, where they perform in the Tuesday Night Concert series and in special concerts. They work with the UE Symphony Orchestra, volunteer masterclasses for string majors, and adjudicate end-of-semester juries for students. The quartet serves as principal players in the Evansville Philharmonic’s string section, participates in Philharmonic education and outreach programs, and works with the Philharmonic Youth Orchestras.

Anne Hastings Fiedler, UE’s Oramay Cluthe Eades Distinguished Professor of Music and head of the keyboard area, received the Artist Award. Since her arrival at the University, Fiedler has been a major contributor to the Evansville musical community. She accompanies UE music faculty members when they give recitals in the community. She performs more each academic year than any other UE music professors, as so many ask her to be their accompanist at their solo recitals.

Fiedler, principal pianist for the Evansville Philharmonic Orchestra, was a finalist and prizewinner in the National Beethoven Piano Sonata Competition and has collaborated nationally with soloists and ensembles. She has been a featured soloist with the Evansville Philharmonic Orchestra, the Evansville Chamber Orchestra, and the UE Orchestra.

The recipient of the Arts Advocate Award was Robert Shetler, who has contributed much to the area’s artistic and cultural landscape. As owner of Shetler Moving and Storage, he has offered free transportation of UE Theatre’s sets, lights, and costumes, including the many times it has performed at the Kennedy Center’s regional and national festivals.

His moving company played an integral part in the opening of the Red Skelton Museum in Vincennes, Indiana, making many trips from Los Angeles to Vincennes with items for the museum. Shetler also serves as a member of the museum’s board of directors.

Shetler personally made arrangements for artifacts to be moved to the Evansville African American Museum, and as chairman of WNIN’s annual auction, his fleet of trucks and drivers picked up and delivered auction items. He supervised the move of the Children’s Museum of Evansville T-Rex from Indianapolis to Evansville, and moved the Evansville Philharmonic into their new offices. Recently Shetler coordinated the move of two large paintings and more than 300 pieces of eighteenth-century porcelain to the Reitz Home Museum.

Members of UE community receive Arts Council of SW Indiana awards today

“READERS FORUM” FOR JUNE 16, 2016

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WHAT’S ON YOUR MIND TODAY?

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Friday.

Todays READERS POLL question is:  WHO WOULD YOU VOTE FOR IF THE ELECTION WAS HELD TODAY FOR THE VANDERBURGH COUNTY RECORDER?

Please take time and read our newest feature articles entitled “HOT JOBS” and “LOCAL SPORTS” posted in our sections.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

Statute Of Limitations Bars Electric Rate Hike Claim

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Scott Roberts for WWW.theindianalawyer.com

The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.

Wabash Valley Power Association got into debt after borrowing money for the failed Marble Hill nuclear power plant. After the Indiana Utility Regulatory Commission denied Wabash’s attempt to raise its rates to pay off its debt, Wabash moved to pay off its debt owed and move from IURC oversight to Federal Energy Regulatory Commission regulation.

Wabash moved to FERC regulation in 2004 and in 2010 Northeastern Rural Electric Membership Cooperation, a member of Wabash, complained that its rates were getting too high and that started in 2008 when Wabash changed its margins. It claimed the change from state to federal regulations was a material breach of the contract the companies had and demanded Wabash return to state regulation. Wabash filed a petition with the FERC seeking relief that Northeastern’s rate scheduled was under the jurisdiction of the FERC, which was granted.

In 2012, Northeastern moved for declaratory judgment, alleging Wabash’s submission to FERC jurisdiction was a breach of contract. After a failed move to federal court by Wabash, Northeastern moved for partial summary judgment arguing Wabash was estopped from denying it breached the contract with Northeastern when it changed regulators. The trial court granted Northeastern’s motion.

Wabash also filed for summary judgment arguing Northeastern’s claim was barred by the statute of limitations, which was four years from when the breach of contract occurred. Northeastern claimed the breach of contract occurred in 2008 when the rates increased, and Wabash maintained it occurred in 2004 when it changed regulators. The trial court agreed with Wabash and granted it summary judgment. Northeastern appealed.

In an opinion written by Judge Michael Barnes, the COA ruled the breach of contract occurred in 2004 when Wabash changed regulators from the IURC to the FERC. Northeastern was aware of the switch and did not challenge it at the time, and it was this change, and not the subsequent increase in rates, caused the breach of contract.

Northeastern also claimed Wabash could not raise the statute of limitations defense because it was equitably estopped from doing so and alleged fraudulent concealment. Northeastern claimed Wabash promised its members that the initial margins would be the same as the rate approved by the IURC. However, Barnes wrote that only the initial margins would be consistent with IURC, and that Wabash never said that the margins would never change. He said there is no evidence that Wabash misled Northeastern in this regard.

The case is Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association, Inc., 49A02-1508-PL-1312.