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Judge believes restitution order properly entered

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Jennifer Nelson for www.theindianalawyer.com

An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.

John Paul Garcia pleaded guilty to Class C felony forgery after he was arrested for allegedly selling fake Morgan dollar coins to Paul Bowman. Bowman gave Garcia $3,600 for 180 coins, but found out shortly after the transaction from a coin seller that the coins were not authentic.

Garcia was sentenced to 66 months in prison and ordered to pay Bowman $3,600. Garcia objected to the restitution order and Bowman did not appear at the sentencing hearing. The only support for the restitution order came from the probable cause affidavit.

Judges Melissa May and Terry Crone reversed the restitution order, declining to accept the probable cause affidavit as a valid basis for upholding the order.

“The State offered no other proof of the amount of Bowman’s loss, Bowman was not present at the sentencing hearing, and no additional evidence or testimony concerning this estimate was presented,” May wrote for the majority. They remanded with instructions to conduct a new hearing at which both the state and Garcia may present additional evidence bearing on the restitution due to Bowman.

Judge Cale Bradford dissented on this issue because the amount of restitution was never disputed and it was reported in documents of sufficient reliability that were made part of the record.

“I am also concerned about the public policy of requiring the sorts of evidence Garcia seems to advocate, i.e., requiring the victim to appear at sentencing or file an affidavit of loss in potentially every restitution case would be an unacceptable burden on crime victims, many of whom have already taken the time and trouble to appear at a trial and/or participate in a police investigation. Depending on the circumstances, appearing at a sentencing hearing may also be very traumatic for the victim. This strikes me as unnecessary and unwarranted re-victimization,” Bradford wrote.

He also believed requiring this additional evidence would be an unacceptable burden on the state’s criminal justice system.

All three judges did uphold Garcia’s 66-month sentence. The case is John Paul Garcia v. State of Indiana, 45A03-1503-CR-86.

Battle Looms Over Restriction On Cold Medicine Used For Meth

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Battle Looms Over Restriction On Cold Medicine Used For Meth

Published with permission from Indiana Lawyer Daily

Indiana lawmakers have yet to gather for the 2016 legislative session, but already the multibillion-dollar pharmaceutical industry has clashed with influential law enforcement organizations over a proposed law that would require a prescription to buy a common cold medicine also used to make methamphetamine.

Advocates, including county prosecutors, say something needs to be done to rollback Indiana’s dubious distinction as a leading state in yearly meth lab discoveries, and have previously tried — and failed — to make it the third state requiring residents to get a doctor’s prescription for cold medicines containing pseudoephedrine.

This year, they have a powerful advocate in GOP House Speaker Brian Bosma, who has made passing the law a priority.

Here are some things to keep in mind:

Top in meth labs

Meth lab discoveries have dropped across much of the U.S. since a national peak in 2004. That trend has mostly skipped Indiana. State police report 1,242 meth lab “incidents” as of Oct. 31 of this year, only slightly below the 1,384 labs that federal officials reported for Indiana at the national peak.

A 2013 report by the U.S. Government Accountability Office credited crafty meth makers for developing new cooking techniques, as well as the use of groups of straw buyers who fan out to purchase the needed quantities of cold medicine.

But unlike the image of ad hoc meth lab facilities popularized by TV shows like “Breaking Bad,” authorities say 93 percent of the labs discovered in 2015 were much smaller in scale, sometimes involving little more than a one-liter soda bottle

The law would certainly inconvenience consumers, said Jonathan Woodruff, an attorney for the National Alliance for Model State Drug Laws. But decreasing access to cold medicine, he said, can’t hurt “because it makes it harder for people to buy it for illegal purposes.”

MADE IN MEXICO

Opponents of the proposal say it is a dated solution to an evolving problem. Increasingly, authorities say, the meth trade is in the control of foreign drug cartels that can produce large quantities and have a vast distribution network.

“It’s less of an issue of what’s being purchased at the drugstore and more an issue of what is coming into the country,” said Alex Brill, a health care policy researcher at the conservative American Enterprise Institute. “The marketplace here in the U.S. for meth has definitely evolved over the last four years.”

Authorities concede that meth from Mexico is increasingly a problem, but they contend that tightly regulating the sale of cold medicine will free up the resources to focus on drug cartels.

“It won’t solve the meth-taking problem in our state, but we believe it will solve the meth-making problem,” said Washington County Prosecutor Dustin Houchin, who serves an area with substantial meth use.

Advertising campaigns

The proposal is running into a well-financed campaign from industry groups, including the Consumer Healthcare Products Association, which represent interests that stand to lose financially if the law is passed. Already, TV ads are airing across the state highlighting the inconvenience it would cause for consumers, as well as the cost, which could fall on government programs like Medicare and Medicaid.

Former state health Commissioner Richard Feldman says the popularity of meth presents a vexing challenge for law enforcement.

“But flooding the medical system and clogging it up with patients with a common cold? The added cost to government individuals and families is not justified,” said Feldman, who served under former Democratic Gov. Frank O’Bannon.

Surrounding states

Critics and proponents both agree a prescription requirement will likely lead enterprising meth cooks to get their cold medicine in neighboring states, none of which have a prescription requirement for pseudoephedrine.

“But the harder it makes it for them, the better,” said David Powell, executive director of the Indiana Prosecuting Attorneys Council.

While many states, including Indiana, track pseudoephedrine sales through a national sales database called NPLEx, Ohio authorities do not.

Those factors could all lead to the creation of a black market, said Feldman, who is currently the director of Family Medicine Residency for St. Francis Health.  “What did prescription status do for opiates? Nothing. It’s the easiest drug to get on the street,” he said. “Why is it going to be any different for pseudoephedrine?”

Governor Pence to Kick Off Regional Cities Projects in North Central, Northeast Indiana

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Governor Mike Pence will join regional leadership in North Central and Northeast Indiana to celebrate their respective Indiana Regional Cities Initiative achievements and to kick off the implementation of their development plans. The Governor will also visit Faith Mission of Elkhart to volunteer. Details below.

 

Tuesday, December 22:

 

10:45 a.m. EST – Governor Pence to join community leaders in North Central Indiana for a press conference and reception to celebrate the “Innovate Indiana” development plan, an Indiana Regional Cities Initiative-backed project

*Media are welcome to attend.

Lerner Theater – 410 S. Main St., Elkhart, IN

 

11:45 a.m. EST – Governor Pence to volunteer at Faith Mission of Elkhart

*Media are welcome to attend.

Faith Mission of Elkhart – 801 Benham Ave., Elkhart, IN

 

2:15 p.m. EST – Governor Pence to join community leaders in Northeast Indiana for a press conference and reception to celebrate the region’s 11-county “Road to One Million Plan,” an Indiana Regional Cities Initiative-backed project

*Media are welcome to attend.

Empyrean Events and Catering – 110 W. Berry St., Suite 2500, Fort Wayne, IN

 

USI’s Dahlstrom garners GLVC weekly honor

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University of Southern Indiana Women’s Basketball sophomore forward Morgan Dahlstrom (Grayslake, Illinois) was named the Great Lakes Valley Conference Player of the Week for her efforts in the Screaming Eagles’ Midwest Region victories at the Bellarmine Classic this past weekend.

 

Dahlstrom averaged 15.5 points, 6.0 rebounds, 2.5 assists, and 1.5 blocks per game as the Eagles improved to 9-1 on the season.

 

In USI’s 63-43 win over Northern Michigan University on Saturday, Dahlstrom racked up a career-high 16 points to go along with five rebounds, two assists, and a pair of blocks. She went 6-of-8 (.750) from the field and 4-of-6 (.667) from the free throw line.

 

The following day, Dahlstrom recorded a game-high tying 15 points, seven rebounds, and a career-high three assists in USI’s 66-48 victory over Ferris State University. She went 6-of-10 (.600) and 3-of-6 (.500) from the foul line.

 

For the week, Dahlstrom went 12-of-18 (.667) from the field and recorded a 5.0 assist-to-turnover ratio. Dahlstrom is averaging 8.9 points and 6.3 rebounds in 2015-16.

 

This is the first GLVC Player of the Week honor for Dahlstrom and the first for USI Women’s Basketball since Anna Hackert earned the final honor of the 2014-15 season (February 23, 2015).

Virtual Academy School@Home Information Session Planned in Jasper

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A meeting to learn more about the benefits of enrolling in the Virtual Academy “School@Home” program is planned for families who home school their children, and others interested in learning more about other virtual opportunities.  The free informational session will be on Tuesday, January 5 from 6:00 p.m. – 7:30 p.m. (ET) at the Jasper Public Library Annex Meeting Room, 1116 Main Street, Jasper IN.

The School@Home program is available for students in kindergarten through 12th grade and uses online curriculum that meets all of the State of Indiana’s academic standards.  For high school students, Apex Learning provides the online coursework. This digital curriculum takes advantage of the power of technology to create active learning experiences that keep students attentive and engaged as they read, watch, listen, inquire, write, discuss, and manipulate. Multimedia tutorials provide students with opportunities to explore and understand new concepts, allowing each student to move at his or her own pace. Information is presented in “chunks” consistent with the way students read successfully on the web. Students are required to make decisions as they progress through the material. Prompts and interactive exercises give students frequent opportunities to check their understanding and apply what they learn.

The K-8 curriculum includes lessons designed by the teachers utilizing the Compass Learning software and teacher created lessons for project based assignments.  The teachers work closely with students and parents to ensure students achieve mastery of each assignment.  The high school curriculum utilizes Apex Learning software to provide mastery based learning for high school credits including core courses, elective courses, and Advanced Placement courses in English, World Language, Social Studies, and Mathematics.

School@Home students can turn to their teachers for help and guidance. Shannon Souder, a parent of an 8th grade student currently enrolled in the School@Home program, says that whenever help is needed, it’s only a phone call away. “That’s one of the things I really like about this program.  It is not so large, that we can’t get help when we need it.  We can call or sometimes we do a ‘Google Hangout’ and talk with the teacher face to face.  They also provide tips for us as the resource person to help us when working with our children.”

Janet Leistner, director of the program, says she and the teachers also work with students to help them be accountable and to plan specific time frames each day in which to do the coursework.

Aces have quick turnaround, play Alabama A&M Tuesday

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t has been just over 24 hours since the Purple Aces men’s basketball team completed an 85-77 win at Fresno State and the season continues in just over 24 hours as the University of Evansville welcomes Alabama A&M to the Ford Center for a 7 p.m. game on Tuesday.

 

In Thursday’s victory over Norfolk State, D.J. Balentine reached the 2,000 point mark in his career, becoming just the fourth in program history and the 16th in Valley history to do so.  He recorded 26 points on an 8-15 shooting day.  He also had four triples, hit all six free throws and dished out five assists.  In Sunday’s win at Fresno State, Balentine helped the Aces to a 10-2 record on the strength of a 23-point day where he hit 9 of his 18 attempts and had five more assists.  For the week, he posted 24.5 points per game.

 

Junior Jaylon Brown is coming into his own this season and that culminated in him scoring a career-high of 17 points against Norfolk State.  Brown hit 7 out of 11 shots to set his career mark.  The accurate shooter was at his best against Fresno State in Sunday’s win, hitting four of his five shots to finish with 12 points.

 

In the first version of the MVC/Mountain West Challenge, Evansville lost its three contests, but played well in those games.  With the resumption of it this year, the Aces earned their first win in the series in a tough road game at Fresno State.  Shooting 55.6% in the second half, UE led by as many as 13 points in the win.  The difference came after the halftime break.  With the score tied at 40-40, Evansville scored the first ten points of the second half and never gave that lead up.

 

Alabama A&M comes to Evansville with a 4-3 mark.  After beginning the season with a 4-game win streak, the Bulldogs have dropped their last three games, all on the road.  Most recently, they fell by a final of 79-70 at Western Kentucky.

 

Ladarius Tabb has been the top scorer for the Bulldogs, checking in at 22.4 points per game. In the game at WKU, Tabb dropped 27 points in a 10-of-25 day from the floor.  Nicholas West is next for Alabama A&M with 13.3 PPG.

 

Christmas Card Shouldn’t Be Judged By Cost, But On Message Of Love

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Christmas Card Shouldn’t Be Judged By Cost, But On Message Of Love

By Bill Bill Hazelip 

For the past three days my lovely wife has been pondering about what to by me for Christmas, I assured her, at least I thought she was assured, that I didn’t need anything. And that’s how it went until today. Following a trip to the bank she once again brought up the idea of buying me a Christmas Card. This Christmas Card idea has been repeated hourly for about three days!

So, since we were out, and since she begged me to stop at every strip mall we passed, “can I get a card here!” It was obvious that this request was not going to stop until I let her buy a card. So, we stopped at Hallmark at North Park. She asked the sales lady where are the cards for husbands. I let her pick the card, it was an average looking card, not large or small, the 99 cent variety!

When we went to pay for the card Dorothy said, “I don’t have my check book and I don’t want to part with my twenty dollars, so will pay for the card and I will pay you back later…..it sound like a good idea and would get me out of Hallmarks with only the 99 cent card!

Dot gave the lady the card, the lady said , “oh you are a regular customer” This made me feel good because I could see a price reduction coming. I gave the sales lady a five dollar bill….the sales lady looked at me and said, “that will $8.65 cents!” My reply was, ” what does it do, I cant believe a card would cost this much!”

So, a Christmas Card should not be judged on its cost, but on its message of love….and what it leaves in your billfold!

VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Monday, Dec. 21, 2015.

Robert Christopher Basinger Unlawful possession of a syringe, Level 6 felony

Possession of cocaine, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

 

Miranda Star Effinger Unlawful possession of a syringe, Level 6 felony

Possession of cocaine, Level 6 felony

Possession of a narcotic drug, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Jacob Edward Moers Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Julius Alfonzo Cabell Battery resulting in bodily injury to a pregnant woman, Level 5 felony  

Candace Nechole Carnahan Theft, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Criminal trespass, Class A misdemeanor

THUNDERBOLTS REMAIN FIERCELY COMPETITIVE IN THEIR FIRST-EVER NA3HL SHOWCASE

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EVANSVILLE AND ALL OF NA3HL TAKE HOLIDAY SEASON ADJOURNMENT UNTIL NEW YEAR ‘BOLTS RETURN TO LEAGUE ACTION JAN. 2ND AND 3RD IN PT. MALLARD; NEXT HOME JAN. 15

LAST WEEK’S RESULTS: 3(0-3-0) 4-12 THURS. DEC. 17 ‘BOLTS 2 VS. LACROSSE 4 FRI. DEC. 18 ‘BOLTS 0 VS. GILLETTE 3 SAT. DEC. 19 ‘BOLTS 2 VS. MINNESOTA 5

UPCOMING GAMES: SAT. JAN. 2 AT POINT MALLARD 6:00 PM SUN. JAN. 3 AT POINT MALLARD 2:00 PM

NEXT HOME GAMES: FRI. JAN. 15 & SAT. JAN. 16 VS. ST. LOUIS JR. BLUES / TICKETS ONLY $ 5 ! *** ALL THUNDERBOLTS GAMES ARE BROADCAST LIVE ON EVANSVILLE’S WVHI-AM 1330

Eagles race out to early lead, coast past Bulldogs

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The University of Southern Indiana women’s basketball team scored the first 12 points of the game and never looked back as it cruised to a 66-48 Midwest Region victory over Ferris State University in the final round of the Bellarmine Classic Sunday afternoon.

 

USI (9-1) connected on six three-pointers, including two in its 12-0 run to begin the game, as it earned its seventh straight win.

 

After baskets by junior forward Hannah Wascher (Rantoul, Illinois) and sophomore forward Morgan Dahlstrom (Grayslake, Illinois) to open the game, junior guard Tanner Marcum (New Albany, Indiana) scored on a layup and hit a three-pointer to give USI a 9-0 advantage less than three minutes into the contest.

 

Sophomore guard Randa Harshbarger (Philo, Illinois) hit a three-pointer moments later as USI’s lead increased to 12 points before Ferris State could get on the scoreboard.

 

USI led by as much as 16 in the opening quarter and 22-8 at the end of the first period; then used a 7-0 run to open its largest advantage of the first half (30-13) with six minutes to play in the second quarter. Sophomore forward Kaydie Grooms (Marshall, Illinois) wrapped a three-pointer and a layup around a basket by Wascher as USI surged to the 17-point advantage.

 

Ferris State (2-8) ended the half with a 5-0 run to cut USI’s lead to 34-22 at the intermission; but back-to-back baskets by Dahlstrom to begin the second half followed by a three-pointer by Marcum staked USI to a 41-24 lead early in the third quarter.

 

The Screaming Eagles eventually extended their advantage to as many as 22 points in the third quarter before a 6-0 Ferris State spurt cut USI’s cushion to 52-36 heading into the final period.

 

USI saw its lead slip to 15 two minutes into the fourth quarter before an 8-0 run ended any chance of a Ferris State comeback.

 

Dahlstrom finished with 15 points, seven rebounds, and a career-high three assists to lead the Eagles, while Marcum chipped in 14 points, four assists, and six steals. Harshbarger added a career-high tying 10 points to her four steals and game-high five assists, while Grooms and Wascher finished with nine and eight points, respectively. Grooms also had three assists and three steals.

 

Marcum was named to the All-Tournament team after averaging 14.5 points, 3.0 assists, and 3.5 steals during the two-game stretch.

 

The Bulldogs were led by senior forward Alexis Huntley, who had 15 points and 14 rebounds. Sophomore forward Rachel McInerney added 12 points and eight rebounds to earn All-Tournament honors.

 

USI resumes Great Lakes Valley Conference play January 7 when it travels Kansas City, Missouri, to take on Rockhurst University.