Plum is an 8-month-old male American mix rabbit! He was surrendered as a baby with several siblings. Unfortunately, he’s grown up at VHS and is now much less likely to get adopted. L But he’s sweet, good with kids, and good with being handled! Plum’s $30 adoption fee includes his neuter & cardboard carrier! Visit www.vhslifesaver.org or call (812) 426-2563 for adoption information!
Jennifer Nelson for www.theindianalawyer.com
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
Wayne Patton sought modification of his parenting time with his son W.P. as well as the reduction in $160 in weekly child support for W.P., Ja. P. and Ju. P. In July 2011, Jessica Patton filed for divorce; in 2012, Wayne Patton was convicted of child seduction for fondling Ja. P.’s breasts when she was 16.
Father wanted to no longer have to have supervised visits with his son. He was evaluated by a clinical and forensic psychologist, who found indications of defensiveness and poor judgment and decision-making. The psychologist also expressed doubts regarding father’s psychological functioning.
The trial court denied father’s motion, finding that supervised visits should continue based on the psychologist’s opinion and the nature of graphic comic books given to W.P. by his father. The judge allowed father’s mother to act as supervisor of parenting time or Wayne Patton could continue to visit with his son at the Children’s First Center at his expense.
The judge also denied father’s request for the child support reduction because the amount of child support calculated in the child support obligation worksheet, $136.42, did not differ by more than 20 percent of the support presently calculated.
“[W]e have little trouble concluding that Ja.P.’s emancipation warrants a modification of Father’s support obligation. Father’s current obligation is based on support for three children, whereas he is now obligated to support only two. The Child Support Obligation Worksheet prepared for this case, based on Father’s support of Ju.P. and W.P, and attached to the trial court’s order recommends a support obligation of $136.42 per week. Mother does not argue that the recommended obligation is based on incorrect calculations or faulty assumptions, and we see no other reason to depart from it. Consequently, we remand with instructions to modify Father’s child support obligation to $136.42 per week,†Judge Cale Bradford wrote.
The judges affirmed the decision to continue with supervised visits with W.P.
The case is Wayne Patton v. Jessica Patton, 17A04-1503-DR-137.
Eagles Power By the Patriots In 94-63 Victory
LOUISVILLLE, Ky. – University of Southern Indiana Men’s Basketball built a 31-point lead by halftime to powered by St. Catharine College, 94-63, to conclude action in the Bellarmine Classic Saturday evening in Louisville, Kentucky. USI sees its record go to 8-2 overall, 3-1 on a neutral courts, while St. Catharine falls to 3-10.
The Screaming Eagles came out firing in the opening half and built a commanding 54-23 lead by the intermission. USI started the contest with an 8-0 run before exploding on a 16-0 run to put the game out of reach.
The Eagles were a blistering 61.8 percent from the field (21-34) in the first 20 minutes, 60 percent from behind the arc (6-10). They also outrebounded the Patriots, 25-6, in the first half and were led by junior guard Jeril Taylor(Louisville, Kentucky) with 13 points and junior forward T.J. Tisdell (Cape Girardeau, Missouri) with 11 points.
USI maintained the 31 point advantage throughout the second half, leading by as many as 32 points, 76-44, and never letting the lead fall below 25 points. The Eagles also finished the game by shooting 57.4 percent (35-61) from the field and outrebounding the Patriots by a commanding 26 boards, 44-18.
In the scoring column, USI had 11 players score with four reaching double-digits. Taylor led the way with a team-high 20 points, hitting seven-of-13 from the field and three-of-five from long range.
Tisdell followed Taylor with 13 points and grabbed a game-high 11 rebounds for his second double-double of the year. Senior forward George Edwards (Chicago, Illinois) and freshman guard Alex Stein(Evansville, Indiana) rounded out the double-digit scorers with 11 points each. Stein also had a team-high six assists.
USI returns to the friendly surroundings of the Physical Activities Center for a pair of games around the holidays. The Eagles host Spalding University December 19 at 1 p.m. and Purdue University North Central December 30 at 7 p.m. before restarting Great Lakes Valley Conference action after New Year’s.
Online Extra: Judicial Roundtable 2014
Indiana Makes Gains In Permanent Placement Early Intervention For Juveniles
 Wayne Superior Judge Darrin Dolehanty makes it a priority in every case to appoint an attorney for a juvenile as soon as the court learns a child has been detained.  He doesn’t give the parent or child a chance to waive that right to counsel before the proceedings begin.  “As soon as we get word about a detention or petition, an attorney is appointed,†the judge said. “I don’t know if you can do it more quickly than that, but unfortunately many counties don’t do that every time. That’s a shame, because this is something that has real meaning and we need to make sure children are represented.â€
Many counties throughout Indiana don’t operate the way Wayne Superior 3 does in appointing counsel or sidestepping waivers. A proposed draft rule from the Indiana State Bar Association is being submitted to the state judiciary’s rulemaking committee to address the right to counsel issue, putting in place a systematic requirement that youth have adequate attorney representation from the start of their experience in Indiana’s juvenile justice system.
JaeNue Hanger Hanger
“This is a very big deal for children in our juvenile system,†said Indianapolis civil rights attorney JauNae Hanger, who chairs the ISBA’s Civil Rights of Children Committee that has studied and created the proposed rule during the past year. “We’re trying to bring consistency so it doesn’t vary so much county by county. We’ve been on the road to getting here for a long time.â€
The problem Nationwide, the discussion has been ongoing since the landmark case In re Gault from the Supreme Court of the United States in 1967 that established the right to counsel for juveniles. The Indiana-specific discussion stretches back more than a decade, but evidence of the state system’s flaws came to light in April 2006. A study commissioned by the Indiana Juvenile Justice Task Force revealed the shocking depth of defects in the juvenile justice system and how many kids don’t have adequate access to an attorney.
Although Indiana Code 31-32-4-2 requires the appointment of counsel at the first detention or initial hearing, many courts forfeit that appointment using IC 31-32-5-1 that allows a parent to waive his or her child’s rights.
The report’s findings show about half of youth routinely waived their right to counsel and therefore didn’t have a sufficient understanding of their rights and the benefits of representation. More than a third of youth proceeded through court without counsel, and the rate was as high as 80 percent in two counties. The study found that when a juvenile consulted with a lawyer, nearly 90 percent never or rarely waived their right to counsel, but when a youth only consulted with a parent, about 75 percent waived the right.
After the report’s release, many responded that they’d heard anecdotal evidence of the problem but they didn’t truly understand the magnitude of the issues. The state vowed change, but systematic efforts to improve that attorney access have not happened in the past five years.
Some courts have strengthened and increased their appointment practices, and statewide training of judges and public defenders has occurred annually. But much remains the same and many say a child’s access to counsel continues to largely depend on what county and court system that child is in.
Larry Landis, executive director of the Indiana Public Defender Council, said counties that do appoint counsel in every case say it helps expedite dispositions and actually saves taxpayer money in the long run because the kids are less likely to get back into the system. Local counsel know service providers and out-of-state placement options better and help make the best decisions based on a child’s individualized needs, he said.
“Saying children have the right to a lawyer isn’t enough,†he said. “As of now, it’s a paper right in Indiana and we don’t go beyond that in actually making sure they have counsel when they need it. Those who need or want counsel must also have the ability to get an attorney across the board, not based on the location.â€
With the ISBA’s proposal, the state’s juvenile justice community sees hope that Indiana is finally moving forward on addressing this issue.
In October, the state bar association’s governing board unanimously approved a draft rule requiring adequate counsel in juvenile proceedings. The draft says that an attorney would be appointed prior to the first-occurring detention or initial hearing and that no child or parent could waive his or her right to counsel without first “engaging in meaningful consultation†with an attorney. Specifically, it says any waiver would have to be made “knowingly and voluntarily†in open court.
“This doesn’t create anything new that’s not already in the constitution,†Hanger said. “It just provides safeguards to make sure that children get counsel.â€
Amy Karozos, a staff attorney with the Youth Law T.E.A.M. of Indiana who chaired the ISBA committee when the 2006 report was released, said she’s pleased to finally see movement on this issue. She recalls her days as a state public defender when she observed so many children in the Department of Correction who hadn’t been represented at any stage of the legal process or had such inadequate representation that they didn’t recall if they’d consulted an attorney.
“This would make a big difference in helping kids understand their rights,†Karozos said about the rule change. “All children would be treated the same, no matter where they’re from. This would be significant, so you don’t have justice by jurisdiction.â€
Those who’ve helped nurture the proposal during the past five years anticipate a potential decision could come by 2013 – if the Indiana Supreme Court agrees a rule change is needed and this is the best way to go about improving the system. Once the proposal goes to the Supreme Court’s Committee on Rules of Practice and Procedure there is no set timeline on a decision as to whether the rule revision is warranted or how that public comment and revision process would happen.
Kim Brooks Tandy, a lawyer who leads the Kentucky-based Children’s Law Center and principal author of the Indiana access to counsel assessment in 2006, said about 20 states have had similar assessments done. Some places, such as Illinois, Kentucky and Texas, have court rules or statutes that don’t permit waivers at any stage of the juvenile delinquent process, while other jurisdictions, such as North Carolina, have created state-level offices to ensure more appellate review and public defense for juveniles. Ohio is in the middle of a five-year rule-change process with the public comment period closing on a proposal to restrict waivers, similar to what Indiana is considering.
Although Indiana has moved more slowly than she expected, Tandy is encouraged by the ISBA and overall legal community support here.
“Sometimes, you have to build an infrastructure,†she said. “This has happened slowly, but you can’t rush these things. I’m encouraged that it’s picking up momentum now. The next challenge after this, if it’s passed, would be implementation. This can be a part of the culture of a particular county, and it’s important to make sure that becomes the state’s culture on appointing counsel. We don’t want to wait until the point of a child being committed to the DOC, and someone looks at a file and sees that child has never been represented. That’s a failure for our system.â€â€¢
TBackground: Rhodes, also be the guest speaker at the One Author, One Community event on Dec. 14, at 6:30 p.m., at the Victory Theatre. The public is invited free of charge. At both locations, Rhodes will share her stories with families in attendance and talk about her books including: “Sugar,†“Bayoe Magic,†“Douglass’ Women;†“Porch Stories,†Magic City,†“Voodoo Dreams,†and “Hurricane.â€
The event is sponsored by Harper Elementary School, Evansville Area Reading Council, Evansville Vanderburgh Public Library, and the Evansville African American Museum. Her books may be purchased at the Evansville African American Museum at 579 S. Garvin St., Evansville.
Governor Mike Pence Made Appointments To Boards And Commissions.
 Indiana 2016 Bicentennial Commission
Brenda A. Gerber [Allen County], appointed to serve at the Governor’s pleasure through June 30, 2017
Indiana Arts Commission
Yolanda Stemer [Porter County], appointed to serve a four-year term through November 30, 2019
Community and Home Options to Institutional Care for the Elderly and Disabled Board – CHOICE
Jean MacDonald [Hamilton County], reappointed to serve a four-year term through June 30, 2019
Dorian Maples [Allen County], reappointed to serve a three-year term through June 30, 2018
Elizabeth A. Schoenfeld [Hendricks County], appointed to serve a one-year term through June 30, 2016
Prudence Twigg [Hamilton County], reappointed to serve a two-year term through June 30, 2017
Andrew Weldekamp [Hamilton County], reappointed to serve a one-year term through June 30, 2016
Emergency Medical Services Commission Technical Advisory Committee
Dr. Dorene G. Hojnicki [Vigo County], appointed to serve at the Governor’s pleasure
Governor’s Planning Council for People with Disabilities
Allisha A. Beerwart [Bartholomew County], appointed to serve a three-year term through November 30, 2018
Donald R. Counts [Vanderburgh County], reappointed to serve a three-year term through November 30, 2018
Cheryl L. Crisp [Shelby County], reappointed to serve a three-year term through November 30, 2018
Jill C. Ginn [Hamilton County], reappointed to serve a three-year term through November 30, 2018
Russell C. Ragland [Hamilton County], reappointed to serve a three-year term through November 30, 2018
 Indiana Land Resources Council
Elizabeth M. Tharp [Putnam County], appointed to complete an unexpired four-year term through August 1, 2016
Lewis and Clark Expedition Commission
James P. Keith [Clark County], reappointed to serve at the Governor’s pleasure
Phyllis L. Yeager [Floyd County], reappointed to serve at the Governor’s pleasure
Northwest Indiana Regional Development Authority Board of Directors
Thomas E. Golab [Porter County], appointed to serve a four-year term through November 30, 2019
Board of Podiatry Examiners
Dr. Vincent J. Coda [LaGrange County], reappointed to serve a three-year term through November 30, 2018
Regional Works Councils
Sascha M. Harrell [Benton County], reappointed to Region 4 to serve a two-year term through November 30, 2017
Daniel T. Tanoos [Vigo County], reappointed to Region 7 to serve a two-year term through November 30, 2017
Andrew T. Melin [Clark County], reappointed to Region 10 to serve a two-year term through November 30, 2017
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 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office today.
Stacey Laval Cabell Dealing in methamphetamine, Level 2 felony
Unlawful possession of a firearm by a serious violent felon, Level 4 felony
Maintaining a common nuisance, Level 6 felony
Possession of marijuana, Class B misdemeanor
Lachrista Lasha Cooper Dealing in methamphetamine, Level 2 felony
Maintaining a common nuisance, Level 6 felony
Possession of marijuana, Class B misdemeanor
Kerri Jo Gardner Possession of methamphetamine, Level 6 felony
Eric Raymond Glass Dealing in methamphetamine, Level 3 felony
Rex Allen Norris Jr. Possession of methamphetamine, Level 6 felony
Neglect of a dependent, Level 6 felony
Possession of marijuana, Class B misdemeanor
Possession of paraphernalia, Class C misdemeanor
Crystal Oleen Norris Possession of methamphetamine, Level 6 felony
Neglect of a dependent, Level 6 felony
Possession of marijuana, Class B misdemeanor
Possession of paraphernalia, Class C misdemeanor
Antoine Barnes Theft, Level 6 felony
Amanda F. Stanley Unlawful possession of a syringe, Level 6 felony
Theft, Level 6 felony
Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor
Grover Edsel Lampkin Domestic battery, Level 6 felony
 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Thursday, Dec. 10, 2015.
Autumn Rose Fonte Residential entry, Level 6 felony
Public intoxication, Class B misdemeanor
Frank James Costello Criminal recklessness, Level 6 felony
Resisting law enforcement, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Possession of marijuana, Class B misdemeanor
Possession of paraphernalia, Class C misdemeanor
Operating a vehicle while intoxicated, Class C misdemeanor
Donald Ray Moody Jr. Dealing in cocaine, Level 4 felony
Dealing in marijuana, Level 6 felony
Jennifer Nelson for www.theindianalawyer.com
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
Rex Lovett was convicted of rape of a child and child molestation in Washington state in 1991. When he was released from prison in 2003, he was required to register as a sex offender in that state indefinitely. He moved to Indiana that year, where in 2007, he was required to register as a serious violent predator and comply with more rigorous restrictions after the General Assembly passed amendments to the Sex Offender Registration Act.
Lovett claimed the registration requirement is unconstitutional as applied to him because it violates the ex post facto clause of the state constitution. The trial court denied his petition, and Judges L. Mark Bailey and Paul Mathias affirmed in Rex S. Lovett v. State of Indiana, 20A04-1506-MI-591.
“Lovett was subject to registration requirements in the State of Washington from the date of his conviction; it is not adding to his punishment to require continued registration in Indiana. And he should not be allowed to evade these requirements simply by relocating to Indiana, when the sole basis for that evasion would be a conviction date for a crime committed outside Indiana,†Judge Bailey wrote for the majority.
Judge John Baker dissented, pointing to the line of cases, starting with Wallace v. State, 905 N.E.2d 371 (Ind. 2009), in which the courts have plainly held the date of primary importance is the date of the original conviction.
“Notwithstanding the state of the law at the time Lovett moved to Indiana, he is a resident of this State and ‘is entitled to the protections afforded to him by the Indiana Constitution. Therefore, even though he would be required to register as a sex offender under [Washington’s] laws, Indiana’s law controls,’†Baker wrote, citing Hough v. State, 978 N.e.2d 505 (Ind. Ct. App. 2012), trans denied. “Lovett was convicted of a sex offense before Indiana enacted SORA. Therefore, I believe that requiring him to register as a sex offender would violate Indiana’s constitutional prohibition against ex post facto laws; I would affirm the trial court’s judgment.â€
