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7th Circuit not convinced by inmate’s double jeopardy argument

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Marilyn Odendahl forwww.theindianalawyer.com

A convicted sex offender who did not have the requisite certificate of appealability was still able to present his constitutional claims, but the 7th Circuit Court of Appeals found no grounds to overturn his conviction and sentence.

Humberto Sanchez-Rengifo was convicted in the Superior Court of the District of Columbia for multiple offenses including three counts of first-degree child sexual abuse while armed and one court of second-degree child sexual abuse while armed. He was sentenced to life without parole and assigned to serve his time in the U.S. Penitentiary in Terre Haute.

In 2014, Sanchez-Rengifo filed a petition for a writ of habeas corpus under 28 U.S.C. 2241. The U.S. District Court for the Southern District of Indiana denied relief.

However, the District Court did not issue a certificate of appealability nor did Sanchez-Rengifo apply for one. The 7th Circuit noted it could grant such a certificate if the applicant made a substantial showing of the denial of a constitutional right. In this case, the unanimous panel did not find a substantial constitutional question.

Sanchez-Rengifo argued, in part, his conviction violated the Constitution’s double jeopardy clause because he was convicted and sentenced for multiple offenses that were committed during one act.

The 7th Circuit pointed to precedent that has established the double jeopardy clause does not prevent a legislative body from imposing multiple punishments for the same offense. And a sentence arising from the Legislature assignment of several punishments does not violate the Constitution.

Consequently, the 7th Circuit ruled because the Legislature gave a punishment to each act of child sexual abuse, Sanchez-Rengifo did not suffer multiple punishments for the same crime and his sentences did not violate the double jeopardy clause.

In Humberto Sanchez-Rengifo v. J.F. Caraway, 14-2876, the 7th Circuit denied a certificate of appealability and dismissed Sanchez-Rengifo’s petition for lack of jurisdiction.

Back Home Again: Recent Works by Former Art Faculty,

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A closing reception for Back Home Again:  Recent Works by Former Art Faculty, a USI 50th anniversary event,  celebrating the artists will be held from 7 to 8:30 p.m. Thursday, August 27, in the McCutchan Art Center/Pace Galleries. The reception and the exhibit are free and open to the public. The exhibit is on display through August 31, 2015 at the McCutchan Art Center/Pace Galleries.  It features the artwork of 23 past art department faculty members, and encompasses a wide variety of media, including ceramics, painting, printmaking, photography, sculpture, woodworking, batik, and jewelry.

IS IT TRUE AUGUST 18, 2015

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IS IT TRUE “When government fear the people, there is Liberty.  When the people fear the government,  there is Tyranny“”?

IS IT TRUE morale is extremely low in both the Police and Fire Departments?  …could this be a good reason for a “Call To Assemble”?
IS IT TRUE  when City Employees Health Care payments to Medical providers may have a $4 Million Dollar shortfall could this be a good reason for a “Call To Assemble”?
IS IT TRUE that EVSC Administrators  and School Board members continue to insult the hard working members of the Local Teamsters #215 Union by not signing  a reasonable labor agreement contract?  …could this be a good reason for a “Call To Assemble“?
IS IT TRUE the political bickering between Mayor Winnecke and City Council is a good reason for a “Call To Assemble”?
IS IT TRUE Mayor Winnecke’s attempt to take credit for the bond rating of the arena project obtained by Weinzapfel is both untrue and a rabbit the reader shouldn’t chase? …there’s no denying that with any rating agency, a Triple A bond is the best for investors,  a Double A bond is second best, a Single A bond is third best and a Triple B or Baa bond rounds out the top category? .
IS IT TRUE a Triple A bond is like getting an A in class, a double A bond like getting a B, a single A bond like the hotel is the equivalent of a C grade and a triple B or Baa bond rating is like getting a D? …anything rated below triple B or Baa is speculative in nature? …there’s also no denying that a single A bond such as the hotel is not as good as a double A bond as achieved for the arena?
IS IT TRUE  Evansville’s bond rating was trending up to Double A in 2009 and 2010 under Mayor Weinzapfel?…since then the bond rating has been trending back to Single A?  …Sewer and Water bonds and the Hotel bond have largely came in with Single A ratings for new issuances? …Evansville shares an A bond rating with the states of Illinois and California?
IS IT TRUE The arena bond has a funding source no other bond in the City has with Food & Beverage taxes pledged, and it largely this additional funding source that secured a Double A bond rating when the bonds were sold?  …Mayor Winnecke had absolutely nothing to do with the arena bond ratings and as long as Food & Beverage taxes, County Option Income Taxes, Riverboat Revenues and Property Taxes flow through Evansville, he really can’t screw it up?
IS IT TRUE Mayor Winnecke taking credit for the arena bond rating established before he took office is like his taking credit for the new US 41 Clover Leaf, which is a project started under Mayor Russ Lloyd Jr.?  …Mayor Winnecke is an Ace at taking credit for work done by others on the IU Medical School?  …we would like to give full credit to USI Dean, Dr Steve Becker and At-Large City Councilman Dr Dan Adams for the initial exploratory work they did on bringing the IU Medical School to Evansville?

Please take time and vote in today’s “Readers Poll”. Don’t miss reading today’s Feature articles because they are always an interesting read. Todays video features Mayoral Candidate Gail Riecken talking about mismanagement of our taxpayers money by theeWinnecke Administration.

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

Jackson Kelly PLLC Attorneys Recognized by The Best Lawyers in America®

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Jackson Kelly PLLC is pleased to announce that 65 of the firm’s lawyers were recently named in the 2016 edition of The Best Lawyers in America®. Lawyers from across the firm’s twelve offices were honored in the publication.

 

In addition, eleven Jackson Kelly PLLC lawyers were named as Best Lawyers’ 2016 Lawyers of the Year. Only a single lawyer in each area of practice in each community is honored as the “Lawyer of the Year.” Those who received this honor are: Robby J.  Aliff (Medical Malpractice Law – Defendants), Marcia Allen Broughton (Tax Law), Stephen R. Crislip (Legal Malpractice Law – Defendants), Charles D. Dunbar (Banking and Finance Law), Robert F. Duncan (Litigation – Construction), A.L. Emch (Personal Injury Litigation – Defendants), Samme L. Gee (Project Finance Law),  John W. Hays (Construction Law), Timothy E. Huffman (Administrative / Regulatory Law), J. Rudy Martin (Arbitration) and Ann B. Rembrandt (Workers’ Compensation Law – Employers).

 

First published in 1983, Best Lawyers is based on an annual peer-review survey. Leading attorneys cast votes on the legal abilities of other lawyers in the same and related specialties. Because of the methodology used by Best Lawyers and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered an honor. The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in surveys by earning a high level of respect among their peers for their abilities, professionalism and integrity.

 

AKRON, OH

Mark W. Bernlohr

Commercial Litigation

Litigation – Construction

BRIDGEPORT, WV

Marcia Allen Broughton

Litigation – Trusts and Estates

Tax Law

Trusts and Estates

CHARLESTON, WV

Robby J. Aliff

Medical Malpractice Law – Defendants

David A. Barnette

Information Technology Law

Litigation – Intellectual Property

Robert J. Busse

Workers’ Compensation Law – Employers

Christopher L. Callas

Energy Law

Gretchen M. Callas

Mass Tort Litigation / Class Actions – Defendants

Ellen S. Cappellanti

Bankruptcy and Creditor Debtor Rights / Insolvency and

Reorganization Law

Bet-the-Company Litigation

Corporate Law

Litigation – Bankruptcy

Mergers and Acquisitions Law

Real Estate Law

Michael T. Cimino

Mining Law

Natural Resources Law

Stephen R. Crislip

Legal Malpractice Law – Defendants

Personal Injury Litigation – Defendants

William F. Dobbs, Jr.

Bankruptcy and Creditor Debtor Rights / Insolvency and

Reorganization Law

Litigation – Bankruptcy

Litigation – Mergers and Acquisitions

Mergers and Acquisitions Law

Charles D. Dunbar

Banking and Finance Law

Corporate Compliance Law

Corporate Governance Law

Corporate Law

Financial Services Regulation Law

Litigation – Banking and Finance

  1. L. Emch

Bet-the-Company Litigation

Commercial Litigation

Personal Injury Litigation – Defendants

Michael M. Fisher

Criminal Defense: White-Collar

Michael D. Foster

Employee Benefits (ERISA) Law

Blair M. Gardner

Environmental Law

Litigation – Environmental

Mining Law

Natural Resources Law

Water Law

Samme L. Gee

Corporate Law

Project Finance Law

Public Finance Law

Gary W. Hart

Personal Injury Litigation – Defendants

Product Liability Litigation – Defendants

Timothy E. Huffman

Administrative / Regulatory Law

Workers’ Compensation Law – Employers

Thomas J. Hurney, Jr.

Health Care Law

Medical Malpractice Law – Defendants

Personal Injury Litigation – Defendants

Barbara D. Little

Environmental Law

Charles W. Loeb, Jr.

Corporate Law

Energy Law

Mining Law

Elizabeth Osenton Lord

Corporate Law

Securities / Capital Markets Law

Securities Regulation

Erin E. Magee

Employment Law – Management

Labor Law – Management

Litigation – Labor and Employment

John A. Mairs

Tax Law

  1. Rudy Martin

Arbitration

Insurance Law

International Arbitration – Commercial

International Arbitration – Governmental

Mediation

Jill McIntyre

Ethics and Professional Responsibility Law

Legal Malpractice Law – Defendants

Robert G. McLusky

Energy Law

Litigation – Environmental

Mining Law

Natural Resources Law

John Philip Melick

Administrative / Regulatory Law

Laurie K. Miller

Health Care Law

Ann B. Rembrandt

Workers’ Compensation Law – Employers

Al F. Sebok

Employment Law – Management

Labor Law – Management

Litigation – Labor and Employment

Mining Law

James R. Snyder

Environmental Law

Litigation – Environmental

Mining Law

Louis S. Southworth II

Corporate Law

Government Relations Practice

Mergers and Acquisitions Law

Tax Law

Brian R. Swiger

Personal Injury Litigation – Defendants

Pamela Dawn Tarr

Personal Injury Litigation – Defendants

Kenneth E. Tawney

Energy Law

Oil and Gas Law

James W. Thomas

Health Care Law

Robert G. Tweel

Corporate Law

Mergers and Acquisitions Law

Tax Law

Michael B. Victorson

Commercial Litigation

Litigation – Environmental

Mass Tort Litigation / Class Actions – Defendants

Personal Injury Litigation – Defendants

Roger A. Wolfe

Employment Law – Management

Labor Law – Management

CRAWFORDSVILLE, IN

Diana L. Wann

Workers’ Compensation Law – Employers

DENVER, CO

Laura E. Beverage

Energy Law

Mining Law

Natural Resources Law

John S. Zakhem

Government Relations Practice

EVANSVILLE, IN

Marc D. Fine

Corporate Law

James D. Johnson

Appellate Practice

Timothy A. Klingler

Workers’ Compensation Law – Employers

  1. Montgomery Porter

Health Care Law

LEXINGTON, KY

Robert F. Duncan

Commercial Litigation

Litigation – Construction

Mass Tort Litigation / Class Actions – Defendants

Product Liability Litigation – Defendants

John W. Hays

Construction Law

William A. Hoskins III

Health Care Law

William S. Mattingly

Workers’ Compensation Law – Employers

Kevin M. McGuire

Environmental Law

Jeffrey J. Yost

Tax Law

MARTINSBURG, WV

Robert E. Glenn IV

Real Estate Law

  1. Leslie Hoffman

Criminal Defense: White-Collar

William J. Powell

Criminal Defense: White-Collar

MORGANTOWN, WV

Seth P. Hayes

Commercial Litigation

Stephen M. LaCagnin

Commercial Litigation

Employment Law – Management

Labor Law – Management

Personal Injury Litigation – Defendants

George E. Roeder III

Workers’ Compensation Law – Employers

Kathy L. Snyder

Workers’ Compensation Law – Employers

Taunja Willis-Miller

Health Care Law

Public Finance Law

PITTSBURGH, PA

  1. Henry Moore

Mining Law

Natural Resources Law

WHEELING, WV

Larry W. Blalock

Employment Law – Management

Litigation – Labor and Employment

Lucinda L. Fluharty

Workers’ Compensation Law – Employers

 

Client Focus, Industry Insight, National Reputation. Jackson Kelly PLLC is a national law firm with more than 175 attorneys located in twelve offices throughout Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Colorado and the District of Columbia. With a focus on companies working in and around the energy industry, the Firm works with its clients to help resolve their operating challenges by teaming to develop and implement strategies that minimize risks, quickly and effectively. Focusing on clients’ industry-specific needs, the Firm serves a wide variety of corporate and public clients and enjoys a national reputation in business, labor and employment, litigation, government contracts, tax, safety and health, permitting, natural resource and environmental law. The Firm’s clients and peers recognize its commitment to providing superior client service as Jackson Kelly has repeatedly been selected as a Go-To Law Firm for the Top 500 Companies in the U.S. and is regularly named to BTI’s Client Service A-Team.

 

LETTER TO THE EDITOR: THE CARROT IS REGIONAL CITIES INITIATIVE GRANT

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This year Governor Mike Pence and  the Indiana State legislature dangled a carrot in front of local officials and said if they wanted to try to reach that carrot, they must give up some significant local power.  The carrot is the Regional Cities Initiative Grant. The power they give up will be to a Regional Development Authority (IC-36-7.6). This money is not promised in any future budgets because it will be funded with tax amnesty receipts.

Out of five counties in the “Our Southern Indiana” region considering this, 3 have denied joining a Regional Development Authority. Washington County is willing to reconsider, but there are no promises they will join. The proponents of this thing have said in multiple meetings that “31 counties have joined an RDA!” Their insult is then worded, “Have we somehow cracked a magic code that makes us smarter than them”?  I argue “YES!” we have had people read the actual bill (IC-36-7.6) and sound alarms. Other counties might not have had Paul Reveres sounding alarms so their citizens don’t even realize yet what has happened to them.

Only when they realize they gave up their private property rights to an appointed board…
they realize that in order to supposedly create economic development they will be removing property from the tax rolls they realize that in order to get the state’s lottery money, they have to be willing to match it dollar for dollar they can’t remove any of the appointees without having widespread Regional Executive Agreement.

They realize other areas of the region can bind them with federal mandates by accepting funds with strings attached will they realize the beast their elected officials have created.
The only reason Clark County was able to be forewarned and engaged was because of the patriot, Kelly Khuri.  Without her being on the county council to sound the alarm when the RDA was put on the agenda, we would not have been prepared.  For ample proof of it, notice the counties that passed the non-binding resolution on the first read, and then when actually educated on the risks balked at the idea. Unlike Clark, which voted 7-0 against the non-binding resolution because we pointed out the facts.  One Southern Indiana immediately began focusing all lobbying pressure on them.  Without Clark, there was no “Region”.  The people who want this appointed board’s power could not give up on Clark!

I applaud Jim Wathen on the Floyd County Council for having common sense and the foresight to see 3 steps ahead instead of just the lottery ticket they are selling. His analogy with the hospital board was brilliant and factual.

Martina Webster

Sellersburg Indiana

Daily Off Topic Forum August 18, 2015

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Hornbrook is Promoted to Sergeant in ISP Drug Enforcement Section

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Earlier today, Indiana State Police Superintendent Douglas Carter promoted Master Trooper Rob Hornbrook to the rank of Sergeant to serve as a Drug Enforcement Section Squad Leader.

 

Hornbrook is a native of Evansville and a 1991 graduate of North High School.  He later attended Oakland City University where he received a Bachelor’s Degree in Criminal Justice.

 

In June 1995, Hornbrook graduated from the Indiana State Police Recruit Academy and was assigned to the Fort Wayne Post where he primarily patrolled Allen County. Hornbrook transferred to Evansville in November 1997 where he primarily patrolled Gibson and Posey Counties. He also served on the highway drug interdiction team between 2001 and 2004. Hornbrook was transferred to the drug enforcement section in April 2004 where he conducted drug investigations with other police agencies in southwest Indiana.

 

Sergeant Hornbrook will be responsible for supervising troopers in the drug enforcement section in Evansville, Jasper and Bloomington.

 

Hornbrook and his wife, Ginger, reside in Vanderburgh County with their daughter.

Vanderburgh County Recent Booking Records

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

Randy Houser this November!

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TICKET PRE-SALE is Thursday, August 20th  10:00am -10:00pm.

Tickets go on-sale to general public on Friday, August 21st at 10:00am. Ticketmaster Tickets can be purchased at our Box Office, online, or by phone at 1-800-745-3000.

Pre-Sale Tickets can be purchased through Ticketmaster online or by phone only.
Join our ‘Keep Me Posted’ Club and receive the passcodes for upcoming concert pre-sales!

 Saturday, November 28
at 7:30pm
RANDY
HOUSER
Special Guests
Frankie Ballard
Craig Campbell		 find tickets
With an inimitable voice the New York Times describes as “wholly different, thicker and more throbbing, a caldron bubbling over,” Randy Houser racked up three consecutive No. 1 hits and more than three million in singles sales to date with his Stoney Creek Records album, How Country Feels. He’s topped the charts with the title track, “Runnin’ Outta Moonlight” and “Goodnight Kiss” (also his first No. 1 as a songwriter) and earned critical acclaim for his powerful delivery of the Top 5 smash, “Like A Cowboy.”

Houser’s new single, “We Went,” a “galloping road anthem that builds on the dusty vibe of ‘Like a Cowboy’” (Rolling Stone Country). The song is just the first taste of a forthcoming album from Houser, who is eager to share music he calls “more progressive than I’ve ever done.”

For more information, visit www.RandyHouser.com.
More Information
Price: $49.50, $39.50, $29.50

IS IT TRUE AUGUST 17, 2015

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IS IT TRUE at todays Evansville City Council budget  hearings, Council shall entertain a request from DMD Kelley Coures they approve spending about $15 Million Dollars on a Political Pork Barrel Bike Trail” project  on North Main with all the frills?  …if any City Council members votes for the North Main project as presented by Courses we predict it shall cause  them major re-election challenges?  …we strongly suggest that City Council defer this request until further serious review and study?

IS IT TRUE we hope that DMD Director Coures will also provide City Council with signed legal agreements with individuals who want to purchase the vacant and dilapidated CVS building and the vacant INTERGA Bank building?

IS IT TRUE we wonder what criteria did the DMD Director use to determine who was qualified to receive a $50,000 tax supported Facade Grant?  …we wonder if political connections or personal friendships have anything to do with the selection of Facade Grant winners?

IS IT TRUE we wonder why only two Facade Grants were given to businesses located outside the Downtown and Haynes Corner area?  …we wonder who was on the Committee that selected who receives the $50,000 tax supported Facade Grants?  …we wonder if DMD publicly advertised the Facade Grant program?

 IS IT TRUE we wonder why did the DMD Director give a couple of Facade Grants to businesses that have been in existence for many years?  …we wonder if  the  DMD  officials are  monitoring the Facade Grants activities to see if they are in compliance  with Federal Guidelines?

IS IT TRUE we wonder how many of our readers have a “Home own and Home Grown” business that could use a non-repayable $50,000 tax supported Facade Grant?  …we urge your to contact the Mayor or DMD Director Kelley Coures so you can put your name in the hat for one of these $50,000 “Political Pork Barrel” Facade grants?

IS IT TRUE  if you wonder why our Federal taxes continue to rise ever year?  …the answer is because of useless Governmental “Political Pork Barrel” programs like the $50,000 Facade Grant program administered by Mayor Winnecke and his DMD Director?

IS IT TRUE we were appalled about the grass and weed  problem at 515 North Heidelbach?  … on June 28, 2015 the CCO Blight writer George Lumley took a picture of the over grown grass  and weeds problem  at this addresses and sent them to the Building Commission.?  …as of today the vacant and dilapidated property located 515 North Heidellbach  still hasn’t been cut?

IS IT TRUE we you urge to drive by 109 East Iowa and 726 East Virginia Street to get an idea of the seemly “don’t give a care” attitude of our CODE ENFORCEMENT officials?

IS IT TRUE when political patronage and political campaign donations ruin hand in hand could this be a good reason for a “Call To Assemble”?

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