7th Circuit not convinced by inmate’s double jeopardy argument
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,
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
IS IT TRUE “When government fear the people, there is Liberty.  When the people fear the government,  there is Tyranny“â€?
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®
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
- 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
- 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
- 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
- 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
- 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
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. Â 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. Â 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. Â One Southern Indiana immediately began focusing all lobbying pressure on them. Â Without Clark, there was no “Region”. Â 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
Hornbrook is Promoted to Sergeant in ISP Drug Enforcement Section
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
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. |
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. |
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| Price: $49.50, $39.50, $29.50 | ||