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7th Circuit reverses, remands motion to suppress evidence

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SCOTT ROBERTS for www.theindianalawyer.com

The 7th Circuit Court of Appeals reversed the denial of a motion to suppress evidence after police found heroin in a man’s car and remanded the case to district court because the police had no probable cause to pull over the car in the first place.

Gregorio Paniagua-Garcia was driving on an interstate highway when an officer saw him holding a cell phone in his right hand with his head bent toward the phone. The officer said he appeared to be texting, and while texting while driving is illegal in Indiana, all other phone uses are not.

Paniagua denied he was texting while driving, and after he granted permission for the officer to search the car, the officer found five pounds of heroin in the trunk. Paniagua was sentenced to 36 months in prison, but appealed the denial of his motion to suppress evidence of the heroin because he said it was discovered during an illegal stop.
Judge Richard Posner agreed, saying the government failed to establish the officer had probable cause or a reasonable suspicion that Paniagua was violating the no-texting law. Later examination of Paniagua’s phone found he was looking for music on his phone at the time the officer pulled him over, and the officer did not see any action that was specific to texting.

“No fact perceptible to a police officer glancing into a moving car and observing the driver using a cellphone would enable the officer to determine whether it was a permitted or a forbidden use,” Posner write, citing State v. Rabanales-Ramos, 359 P.3d 250, 256 (Ore. App. 2015).

Posner rejected the government’s argument that the possibility of unlawful use is enough to create reasonable suspicion. “It says the officer’s suspicion must be reasonable but offers no example of unreasonable suspicion and cites no evidence to support a finding of reasonable suspicion in this case. What it calls reasonable suspicion we call suspicion.”

The case is United States of America v Gregorio Paniagua Garcia,15-2540.

College Goal Sunday at Ivy Tech

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What:  Annual College Goal Sunday – FAFSA completion event

When:  Sunday, Feb. 21, 2 p.m.

Where:  Ivy Tech Community College Southwest (Evansville Campus)

 

Background:  This Sunday, individuals from Ivy Tech and the University of Southern Indiana will be on hand to assist students and their families with completing the Free Application for Federal Student Aid (FAFSA) which will help students to be considered for federal and state grants, scholarships and student loans. Deadline for submission of the FAFSA’s is March 10.  Now in its 27th year, College Goal Sunday has helped more than 90,000 Indiana students and families complete the FAFSA properly and on time. College Goal Sunday is a charitable program of the Indiana Student Financial Aid Association (ISFAA).

Contacts at the event:  Casey Trela, Ivy Tech Community College Southwest Director of Financial Aid; and Mary Harper, University of Southern Indiana Director of Financial Aid.

If you would like to help us promote this free event  prior to – here are some other important facts you can share:

What students should bring

Students should attend College Goal Sunday with their parent(s) or guardian(s), and parents’ should bring completed 2015 IRS 1040 tax returns, W-2 Forms and other 2015 income and benefits information. Students who worked last year should bring their income information as well. Students 24 years of age or older may attend alone and bring their own completed 2015 IRS 1040 tax return, W-2 Form or other 2015 income and benefits information. Students and parents are encouraged to apply for their U.S. Department of Education FSA IDs atfsaid.ed.gov before coming to the event.

Volunteers will walk through the online form line-by-line and answer families’ individual questions as needed. All sites offer FAFSA online capabilities and many have Spanish interpreters. A complete list of sites is available at CollegeGoalSunday.org.

Attendees may win educational prizes

Students may also win one of ten $1000 scholarships. Students who attend any of the College Goal Sunday sites and submit a completed evaluation form will automatically be entered in a drawing for a $1000 scholarship. The winners will be notified in March, and prizes will be sent directly to the higher education institution selected by the winning students.

21st Century Scholars benefit

21st Century Scholars may also use the services provided at College Goal Sunday, as they must submit a completed FAFSA form on time in order to fulfill their commitment to the state and receive their scholarship. These students  are income-eligible individuals who signed a contract in the seventh or eighth grade promising they will graduate from high school, meet grade point requirements, fulfill a pledge of good citizenship, and apply for college financial aid. Upon high school graduation, Scholars who have fulfilled the commitment receive state funds to help cover their college tuition and fees for eight semesters at eligible Indiana colleges.

Program is a national model

College Goal Sunday originated in Indiana, and is now a national model. Following Indiana’s example, College Goal Sunday events organized by more than 34 states have opened doors to higher education for tens of thousands of students all over the country. VisitCollegeGoalSundayUSA.org to learn more.

For more information about College Goal Sunday visit CollegeGoalSunday.org.  

 

American Sewing Guild meeting and program

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The area chapter  of the American Sewing Guild will meet Tuesday February 23 at McCollough Branch Library’s Community Room  on Washington Avenue east of Washington Square Mall.
The program will be presented by Henry Hinton owner of Henry”s Sewing Machine Repair.  We will learn how to clean and care for our sewing machines.  Henry  has 40 years of repair experience.
Doors open at 5:30 pm. with the meeting  and program  from 6:00 to 7:45pm.
Visitors  are  welcome.  For more information,   call 812-568-2515 or email

Otters team up with Easter Seals to boost Home Run Sweeps fundraiser.

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Easter Seals reports that approximately 2,400 of the 3,000 tickets are still unsold for the 25th annual Home Run Sweeps ALL CA$H Raffle, which raises funds for therapy services at the Easter Seals Rehabilitation Center. Raffle grand prize is $100,000, 2nd prize is $10,000 and 3rdprize is $5,000.  Ticket sales began on January 5 and will continue until the raffle drawing, scheduled for March 14.

The Evansville Otters are teaming up with Easter Seals in an effort to boost sales of the $100 Home Run raffle chances.  The Otters have donated a Family Fun Pack as an “incentive” for people to enter the Home Run Sweeps this week.  Anyone who says “Otters” when purchasing an Easter Seals Home Run Sweeps ticket by 5 p.m. this Friday, Feb. 19, will be entered in a drawing for the Otters Family Fun Pack, which includes 12 general admission tickets for an Otters home game during the 2016 season; those tickets can be used all at once or split up and used for different games.

To buy Home Run Sweeps chances before Friday’s 5 p.m. “Otters” deadline, visit the Easter Seals Rehabilitation Center, 3701 Bellemeade Avenue, Evansville, IN 47714, 8am-5pm AND SAY “OTTERS” when purchasing. The $100 tickets may be purchased individually or by groups (family members, co-workers, friends, clubs, etc.).

On March 14 at noon, ALL sold tickets will be entered in the Home Run Sweeps ALL CA$H Raffle drawing at the Easter Seals Rehabilitation Center to determine the winners of all prizes. Ticket holders do not have to be present to win.

Official rules can be found online at www.EasterSealsSWIndiana.com. Indiana Raffle License Number for this event is #139590.

 

USI runners recognized by USTFCCCA for academic excellence

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Ten University of Southern Indiana men’s and women’s cross country runners were recognized Friday by the U.S. Track & Field and Cross Country Coaches’ Association for their academic and athletic accomplishments in 2015.

Seniors Johnnie Guy (Palmyra, Indiana) and Tyler Schickel (Poseyville, Indiana) along with juniors Chase Broughton (Marengo, Indiana), Noah Lutz (Evansville, Indiana), and Josh Guy (Palmyra, Indiana) were among 266 Division II men’s competitors to earn USTFCCCA All-Academic honors.

The Screaming Eagles, who compiled a 3.0247 team GPA in the fall, were among 104 Division II men’s programs to be recognized as an All-Academic Team; while USI’s women, who amassed a 3.527 team GPA in the fall, were among 137 Division II women’s programs to earn the same honor.

Seniors Jamie Adkins (Owensboro, Kentucky) and Jessica Reeves (Midland, Michigan); sophomores Emily Roberts (Fredericktown, Ohio) and Jessica Lincoln (Palatine, Illinois); and freshman Hope Jones (Cumberland, Indiana) were among 384 Division II women’s competitors to earn USTFCCCA All-Academic accolades.

The individual All-Academic honor was awarded to student athletes who have compiled a cumulative grade point average of at least 3.25 and finished among the top 30 percent of eligible runners at his or her regional championships and/or the top half of the field at the NCAA Championships.

Both Johnnie Guy and Roberts earned All-America honors with their finishes at the NCAA II National Championships. Guy was 23rd in the men’s race at the NCAA II Championships, while Roberts was fifth in the women’s race at the national meet.

USI’s men and women’s squads both posted 10th-place showings at the national meet in 2015. Teams must have compiled a cumulative grade point average of at least 3.0 and must have scored at an NCAA Division II regional meet to qualify for All-Academic awards.

 

Come visit the Indiana State Police Museum – Open this Saturday, February 20th from 12pm to 4pm. Located at 8660 E 21st St., Indianapolis

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Looking for something different to do this weekend? Stop by the Indiana State Police Museum this Saturday, February 20th. The museum will be open to the public from 12pm to 4pm and has free admission.

Come and see police cars dating back to the 1930s, an original 1937 Indian Motorcycle used by Indiana State Police troopers, and learn about the history of the Indiana State Police dating back to the Dillinger days.

The Indiana State Police Museum is located at 8660 East 21st Street, Indianapolis, IN 46219 – near the Post Road and 21st Street intersection.user41972-1455902099-media2_a29e9b_240_160_PrsMe_

BREAKING NEWS: 15 Semifinalists Selected For Indiana Supreme Court Vacancy

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15 Semifinalists Selected For Indiana Supreme Court Vacancy
By Dave Stafford
  • INDIANA JUDICIAL NOMINATING COMMISSION,  SUPREME COURT
  • 15 semifinalists selected for Supreme Court vacancy Justice applicants conclude Day 2
  • Wednesday justice applicants offer varied experience30 justice applicants bring varied backgrounds
    Nominating commission picks 3 finalists
  • The Indiana Judicial Nominating Commission on Friday selected 15 people as semifinalists to replace retiring Indiana Supreme Court Justice Brent Dickson.

They are:

Rep. Thomas W. Washburne, Old National Bancorp, Evansville

Hon. James R. Ahler, Jasper Superior Court, Rensselaer

Hon. Vicki L. Carmichael, Clark Circuit Court 4, New Albany

Hon. Paul R. Cherry, U.S. District Court, Northern District of Indiana, Hammond

Hon. Darrin M. Dolehanty, Wayne Superior Court 3, Richmond

Hon. Thomas J. Felts, Allen Circuit Court, Fort Wayne

Mr. Thomas M. Fisher, Indiana solicitor general

Hon. Frances C. Gull, Allen Superior Court, Fort Wayne

Hon. Steven L. Hostetler, St. Joseph Superior Court, South Bend

Hon. Matthew C. Kincaid, Boone Superior Court 1, Lebanon

Mr. Mark A. Lienhoop; Newby Lewis Kaminski & Jones LLP, LaPorte

Hon. Steven R. Nation, Hamilton Superior Court 1, Noblesville

Mr. Peter J. Rusthoven, Barnes & Thornburg LLP, Indianapolis

Mr. Geoffrey G. Slaughter, Taft Stettinius & Holister LLP, Indianapolis

Mr. Thomas E. Wheeler II, Frost Brown Todd LLC, Indianapolis

FOOTNOTE: The selections came after three days of interviews with 29 lawyers and judges from around the state who applied. Semifinalists will be interviewed March 3-4, and the commission will narrow the list to three names that will be submitted for appointment by Gov. Mike Pence.

Dickson retires effective April 29.

Head-On Crash on SR64 Injures Three, Closes Highway for Nearly Two-Hours 

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Gibson County – Last night at approximately 8:40, Indiana State Police and Gibson County Sheriff’s Department responded to a head-on crash on SR 64 near CR 970 West that injured both drivers and a passenger.

Preliminary investigation revealed Jessica Perry, 33, of Mt. Carmel, IL, was driving a 2006 Pontiac Grand Prix eastbound SR 64 near CR 970 West when for unknown reasons drove left of center and collided head-on into a 2012 Ford Focus that was traveling westbound. The driver of the Ford Focus, Austin Olvera, 19, of Mt. Carmel, IL, was taken to Wabash General Hospital where he was treated and released. Olvera’s passenger, Heaven Simpson, 22, of Mt. Carmel, IL, was transported to Deaconess Hospital in Evansville where she is currently being treated for non-life threatening injuries.

Perry had to be extricated from her vehicle. She was transported by Lifelight to St. Mary’s Hospital in Evansville where she is currently being treated for her injuries. Both vehicles were totaled. SR 64 was closed for nearly two-hours.

The investigation is continuing.

Evansville woman sentenced to 21 years for neglect resulting in death

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An Evansville woman was sentenced to 21 years today in the Department of Correction for the death of her infant son resulting from neglect.

Beth Ann Montgomery, 30, was convicted in December of a Level 1 felony, Neglect of a Dependent Resulting in Death, and a Level 6 felony, Neglect of a Dependent.

Today Vanderburgh Superior Court Judge Robert Pigman handed down a 20-year sentence for Count 1 and a one-year sentence for Count 2 – both to be served consecutively or one after the other.

Saturation Patrol Targeting Illegal Drug Activity Nets Two Arrests

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Posey County – Last night between 8:00 and 11:00, Indiana State Police and Posey County Sheriff’s Department conducted a saturation patrol targeting illegal drug activity near Southwind Apartments in Mt. Vernon. During the three-hour period, officers issued eight warnings, two traffic tickets and arrested two individuals on various drug offenses.

Arrested and Charges:
• Cathy L. Willis, 54, 815 West 8th Street, Mt. Vernon, IN
1. Possession of Meth, Class 6 Felony
2. Possession of Paraphernalia, Class A Misdemeanor
3. Possession of Marijuana, Class B Misdemeanor

Willis was taken to the Posey County Jail where she is currently being held on bond.

• Patrick Harrison, 30, of Mt. Vernon,
1. Possession of Paraphernalia, Class A Misdemeanor
2. Possession of Marijuana, Class B Misdemeanor

Harrison was cited and released.

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