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COA reverses sentence imposed after failed drug program completion

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Jennifer Nelson for www.theindianalawyer.com

A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.

Ralph Jackson pleaded guilty in 2010 to Class B felony dealing in a Schedule II controlled substance, and as part of his plea, he was to participate in the Howard County Drug Court program. His sentencing was deferred pending completion of the program. But Jackson’s participation was terminated after it was alleged he smoked Spice and drove another drug court participant to purchase Spice.

The probation department and Jackson sought a 10-year sentence, but the trial court imposed the maximum sentence of 20 years. The judge, when sentencing Jackson, explained he imposed the enhanced sentence because of Jackson’s drug use while in the drug court program and his helping a fellow participant obtain drugs. The judge did not issue a sentencing statement that addressed the specific facts relating to Jackson’s crime for which he was being sentenced. Jackson had sold 10 methadone pills for $81.

“The sparse sentencing statement does not facilitate an independent review of the nature of the offense and the character of the offender,” Judge L. Mark Bailey wrote.

“Although a sentencing court has options vis-á-vis the execution of a sentence, including such things as community placements, work release, home detention, drug court participation and the like, the trial court does not have the option of selecting a sentence based solely on the defendant’s conduct apart from the circumstances of the crime. Because the trial court did not issue an adequate sentencing statement, it abused its sentencing discretion.”

The case, Ralph Jackson v. State of Indiana, 34A02-1505-CR-453, is remanded for the trial court to sentence Jackson on the felony, accompanied by a sentencing statement that is adequate to facilitate appellate review.

Cornucopia of USI basketball over Thanksgiving

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University of Southern Indiana Men’s Basketball has a cornucopia of games slated for Thanksgiving week, beginning with a match-up against Kentucky State University Tuesday at 7:30 p.m. at the Physical Activities Center. The Thanksgiving calendar concludes on Friday and Saturday when the Screaming Eagles host the eighth-annual Bill Joergens Memorial Classic at the PAC.

The 2015 Bill Joergens Memorial Classic features USI, nationally top-ranked Bellarmine University, sixth-ranked Midwestern State University, and Ohio Valley University. The classic begins at 5:15 p.m. Friday when Bellarmine plays Midwestern State, followed by USI taking on Ohio Valley at 7:30 p.m. The conclusion of the classic is Saturday when Bellarmine and Ohio Valley play at 5:15 p.m. and USI and Midwestern State tip off at 7:30 p.m.

Game coverage for USI Men’s Basketball games, including live stats, audio and video, is available at GoUSIEagles.com. The Eagle games also can be heard over the air on WEOA 98.5FM/1400AM and WPSR 90.7FM.

This Week’s USI Men’s Basketball Quick Notes: 

Eagles win 32nd-straight home opener. USI won its 32nd-straight home opener in the victory over Lees-McRae College, 118-104, last week.

Non-conference foes have tough going against USI. USI is 193-23 (.894) against non-GLVC teams during the last 23 seasons. Of the 23 losses, two have come in the NCAA Division II Tournament Finals and three in the NCAA II Great Lakes Regional. USI also has won 50-straight non-conference games at the PAC since losing to Northwest Missouri State University in 2007-08.

Going over the century mark. USI’s 118 points versus Lees-McRae was the first time the Eagles had eclipse the 100-point plateau since the 2013-14 season and the first time at the Physical Activities Center since the 2012-13 campaign. The 118-104 USI-Lees-McRae score also marked the first Eagles game with both teams scoring 100-or-more points since the 2002-03 season.

Drummond has career and record night versus Lees-McRae. Junior guard Bobo Drummond posted a career-high 24 points versus Lees-McRae and set a USI single-game record of seven-of-seven from beyond the three-point arc. The old USI record of six-of-six was matched twice, including the last time by Geoff Van Winkle as a freshman in 2004.

Double Double-Double Trouble. Junior forward Terrence Tisdell and junior guard Jeril Taylor posted their first USI double-doubles as Eagles in the win over Lees-McRae. Tisdell had 20 points and a game-high 11 rebounds versus the Bobcats, while Taylor dropped in 17 points and grabbed 10 rebounds, nine boards coming on the defensive end.

The Eagles win the battle on the boards. The Eagles won the battle on the boards with the Bobcats, 45-36, and have outrebounded the opposition 149 of 180 games during Head Coach Rodney Watsontenure at the helm.

USI vs. Kentucky State. The Thorobreds of KSU are 1-2 to start 2015-16 after losing in overtime time to Wilberforce University, defeating Asbury University and falling to Indiana University Purdue University Indianapolis.

Kentucky State in 2015-16. The Thorobreds of KSU lost their season opener, 72-70, over Wilberforce University. They are slated to play Indiana University-Purdue University Indianapolis on Saturday before visiting USI.

History of the Bill Joergens Memorial Classic. The Bill Joergens Memorial Classic is dedicated to the memory of Bill Joergens, who played on the first USI men’s basketball team in the late 1960s and continued his support of USI Athletics by becoming chair of the Varsity Club. A part of Joergens’ legacy is the development of the Varsity Club Steak Fry and Auction, which has raised nearly $500,000 since 1992. Upon losing his battle with cancer, Joergens left a major portion of his estate to the USI men’s basketball program. The estate funds this tournament and fifth-year scholarship aid for USI men’s basketball players, who have exhausted their eligibility.

USI in the Bill Joergens Memorial Classic. USI is 13-1 in the Bill Joergens Memorial Classic that began in the 2007-08 season. The Eagles outscored their opponents in the six previous classics, 82.9-66.6 (1326-1065).

USI vs. Ohio Valley. The Eagles hold a 5-0 all-time series record over the Fighting Scots, including last season’s 84-83 win over Ohio Valley in the Bellarmine Classic.

Ohio Valley in 2015-16. The Fighting Scots of Ohio Valley are 1-3 in 2015-16, losing their last three games after winning the season opener. Ohio Valley plays at Texas A&M International University Tuesday before visiting the PAC this weekend.

USI vs. Midwestern State. USI and Midwestern State will be playing each other for the first time in men’s basketball during the Bill Joergens Memorial Classic.

Midwestern State in 2015-16. The Mustangs of Midwestern State are a perfect 3-0 to start the 2015-16 campaign and ranked sixth-nationally. Midwestern State, which plays at Colorado State University-Pueblo Tuesday before traveling to USI, is averaging 95.3 points per contest through the first three games.

 

IS IT TRUE NOVEMBER 24, 2015

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IS IT TRUE that VA Docs May Recommend Rx Marijuana?  …Legislation passed November 10 by the U.S. Senate includes a provision that would allow Department of Veterans Affairs (VA) doctors to recommend medical marijuana to patients in states where it is legal?  …some veterans groups have pressed Congress for years to allow the drug for patients suffering from post-traumatic stress disorder? …the so-called Veterans Equal Access Amendment would do so? …the prevision does not change current laws preventing the possession or dispensing of marijuana on VA property, but simply allows veterans to discuss all options that are legally available in their state with their VA doctor? … the provision was inserted into the Military and Veterans Construction bill, which the Senate passed unanimously?  …for more details,  see this Military.com article.

IS IT TRUE we hear that a not-for-profit veterans group that trains Therapy Dogs are hoping to lease the vacant and dilapidated CVS building. on North Main?  …the DMD paid $500,000 plus for this building  and we hope this not-for-profit Veterans group can afford to pay market value to lease this building?  …we wonder who’s going to pay for a new roof to be installed and the expensive renovation on the interior in order to make the building useable?…we feel that training Therapy Dogs for our returning Veterans is a worthy cause and we hope that this not-for-profit Veterans group have the financial support to make this move a reality?

IS IT TRUE that award-winning author and Dove Award-nominated singer/songwriter Andrew Peterson is coming to Evansville?  …Andrew Peterson will be kicking off his 16th annual Christmas tour, Behold the Lamb of God, in Evansville?   …Andrew Peterson will be joined by Grammy-nominated and Dove Award-winning singer/songwriter Cindy Morgan?   …Andrew will be joined by Cindy and his highly talented band for this great show?

IS IT TRUE that the concert will be held on Wednesday, December 2 at 7:00pm at the historic Victory Theatre in downtown Evansville?  …you can purchase special discounted tickets online with a promotional code or purchase in person at the Ford Center Box Office to avoid Ticketmaster processing fees?   …tickets are available for just $18, $23 or $33 at the Box Office?

IS IT TRUE that the Evansville Rescue Mission will be supported through proceeds from the concert?

IS IT TRUE that the concert will be an excellent way to prepare for the holiday season and remember the true meaning of Christmas?

IS IT TRUE our “READERS POLL” question is; “Do you feel it’s a smart marketing move for the CCO to print copy of their publication”?

IS IT TRUE over the “next several days the City County Observer shall be doing some annual maintenance and redesign work on our publication?   …we shall be posting some articles of interest during that time?  …we will not be posting any “IS IT TRUE” comments during this time?   We wish you a “Happy Thanksgiving”!

NEXT WEEK ANDREW PETERSON KICKS OFF CHRISTMAS TOUR IN EVANSVILLE, IN

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Andrew Peterson is kicking off his Christmas tour at the Victory Theatre in Evansville, IN on December 2 at 7:00 p.m. He will be joined by special guest, Cindy Morgan.

Evansville, IN: Tickets prices are $33.00, $23.00, and $18.00. Tickets can be purchased at the Ford Center Ticket Office, all Ticketmaster outlets, charge by phone by calling 1-800-745-3000 or by visiting www.ticketmaster.com.

More information about Andrew Peterson and the concert can be found at

www.methodisttemple.com/andrewpeterson

Adopt A Pet

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Toffee is a 2-year-old female English Spot/New Zealand mix! She has been waiting on a home for several months. She previously lived with two other female rabbits who are also up for adoption, named Taffy and Butterscotch. Remember to always opt for saving a life, rather than buying a bunny from a pet store. Toffee’s $30 adoption fee includes her spay & a cardboard carrier! Call (812) 426-2563 for adoption information.

CITY/COUNTY MEETING DATES

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CITY/COUNTY MEETINGS-MEETING  DATES/TIME AGENDA

Design Review Committee 11/24/2015 8:30 AM

County Commission Meeting 11/24/2015 5:00 PM – 6:00 PM

Site/Subdivision Review 11/30/2015 10:00 AM

Evansville Redevelopment Commission 12/1/2015 8:30

County Council Meeting 12/2/2015 3:30 PM – 4:30 PM

Draft Comprehensive Plan 2015-2035 12/2/2015 6:00 PM

APC Draft Comprehensive Plan Public Hearing 12/2/2015 6:00 PM

RECYCLE DAY 12/5/2015 8:00 AM – 12:00 PM

Site/Subdivision Review 12/7/2015 10:00 AM

Historic Preservation Commission 12/7/2015 5:30 PM

Design Review Committee 12/8/2015 8:30 AM

SOLID WASTE DISTRICT BOARD MEETING 12/8/2015 4:00 PM – 4:30 PM

County Commission / Rezoning Meeting 12/8/2015 5:00 PM – 6:00 PM

Drainage Board Meeting 12/8/2015 5:30 PM – 6:00 PM

Board of Health Meeting 12/10/2015 7:00 AM – 8:00 AM

Area Plan Commission 12/10/2015 4:00 PM

Site/Subdivision Review 12/14/2015 10:00 AM

Evansville Redevelopment Commission 12/15/2015 8:30 AM

Board of Zoning Appeals 12/17/2015 4:00 PM

Site/Subdivision Review 12/21/2015 10:00 AM N

Drainage Board Meeting 12/22/2015 5:30 PM – 6:00 PM

Site/Subdivision Review 12/28/2015 10:00 AM

Recycle Day 1/9/2016 8:00 AM – 12:00 PM

Board of Health Meeting 1/14/2016 7:00 AM – 8:00 AM

Area Plan Commission 1/14/2016 4:00 PM

Recycle Day 1/16/2016 8:00 AM – 12:00 PM

Arts Council Holiday Art Sale

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318 MAIN STREET, SUITE 101
DOWNTOWN EVANSVILLE

USI ink seven incoming freshmen for 2017

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University of Southern Indiana Baseball announced the signing of seven incoming freshmen for the 2017 season in the early signing period. USI and Head Coach Tracy Archuleta have signed five incoming student athletes from Indiana and a pair from Kentucky.

Selecting USI to continue their education and begin their collegiate baseball careers are right-handed pitcher Tyler Hagedorn (Evansville, Indiana), outfielder Aaron Euler (Evansville, Indiana), infielder Trevor Ricker (Evansville, Indiana), right-handed pitcher Grant Ellis (Terre Haute, Indiana), left-handed hitting infielder/outfielder Bryce Krizan (Mt. Vernon, Indiana), outfielder Lucas Thatcher (Lexington, Kentucky), and outfielder Garrett Wilson (West Point, Kentucky).

“These seven recruits fit our system very well and we look forward to working with them over the next four years,” said Archuleta. “Assistant Coaches Jeremy Kuester and Caleb Eickhoff have a done a great job finding players that fit our program.”

Biographies of USI Baseball’s fall signees:

Hagedorn: The right-handed hurler was the SIAC Most Valuable Player, the Evansville Player of the Year and the Outstanding Pitcher in 2015 as a junior after going 5-4 with a 0.96 ERA for North High School (Evansville, Indiana)…also lettered in basketball at NHS.

Euler: The left-handed hitting outfielder is a 2015 first-team All-SIAC and All-Metro performer for Reitz High School (Evansville, Indiana) after hitting .385 with 26 RBIs and three home runs as a junior…helped lead RHS to the 2015 baseball sectional title and the 2014 football sectional football crown…also lettered in football at RHS.

Ricker: The right-handed hitting infielder lettered in baseball at Reitz High School (Evansville, Indiana) and helped the Panthers to the 2015 sectional championship…played for the Ironmen Baseball Club, hitting 413 in 2015.

Ellis: The right-handed pitcher has posted an 8-1 record over the last two years for South Vigo High School (Terre Haute, Indiana), going 5-1 as a sophomore and 3-0 as a junior…helped SVHS to the Big 4 and Braves Bash championships in 2014.

Krizan: The left-handed hitting utility player is a two-sports athlete at Mt. Vernon High School (Mt. Vernon, Indiana), lettering in baseball and basketball…helped MVHS to the Big Eight and sectional titles in 2015 with an appearance in the regional finals…batted .517 in 2015 and .467 in 2014 for the Mt. Vernon American Legion…younger brother of current Screaming Eagle Austin Krizan.

Wilson: A right-handed hitting outfielder is a three-sport letterwinner in baseball, basketball, and track at Bullitt East High School (Mount Washington, Kentucky)…has helped BEHS to three district championships in baseball and basketball, in addition to district and regional titles in track.

Thatcher: A right-handed hitting outfielder is a 2015 All-County and a 2014 All-Region performer at East Jessamine High School (Nicholasville, Kentucky).