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Vanderburgh County Recent Booking Records

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EPD Activity Report

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LAST WEEK IN POLY TICKS

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Nate Beeler / Columbus Dispatch

Raging Moderate by Will Durst

And now, your weekly update from the world of poly ticks.

Run for your lives, people, because it’s complete chaos out there. In the pre-summer rush to wrangle positive press; current presidential candidates, potential presidential candidates, former presidential candidates, former presidents and current presidents are viciously competing for track space in a freakish spectacle of careening into walls and spinning out of control like souped-up bumper cars during a power surge. To say it is not a pretty sight is similar to intimating that encountering hot oily transmission parts in the bowels of your sleeping bag is not an optimal proposition.

Here’s a sampling of the carnage that occurred this past week:

• Jeb Bush managed to give 5 different answers to the single question, “if you knew what you know now, would you have invaded Iraq?” The former governor of Florida ran the gamut from “indeedie do” to “didn’t understand the question” to “is Iraq the one with the Pyramids?” to “not by the hair of my chinny-chin-chin,” which was criticized by family members as a thoughtless slur aimed at Barbara Bush, especially so close to Mother’s Day.

• Rick Perry answered the same question with a resounding “no” even though it has yet to be determined whether anybody asked.

• That other Bush boy, George W, gave a commencement address at SMU wherein he exhorted C students to not despair, because they too could lead a country into two useless wars and the brink of bankruptcy. Laughter and applause ensued.

• Mike Huckabee defended a member of the extremely fertile Duggar family for the youthful indiscretion of child molestation because apparently the Bible says all white male heterosexual Christians deserve a second chance. Gays and women, not so much.

• Chris Christie was hailed for finally disproving that whole “too big to fail” theory.

• Hillary Clinton deigned to speak to the press after not taking questions for almost a month. Highly unusual for a non-incumbent to run a Rose Garden Strategy, but she does know where it is.

• The questions were in response to the State Department releasing a load of her emails, but it is generally acknowledged that as far as Benghazi is concerned, there were no smoking guns. Not even a slightly tepid fireplace poker. A sultry cat-nine-tails, maybe. But that could be left over from a conjugal visit with Bill.

• Lindsay Graham told CBS’s “Good Morning” he will announce whether he’ll run for President on June 1st then said “I’m running because I think the world is falling apart.” Sort of ruining the surprise.

• Graham will become the 7th Republican to announce his candidacy, which means the GOP is that much closer to achieving its goal of matching each voter with his or her own individual candidate.

• In a charity boxing match that raised over a million dollars, Mitt Romney went 2 rounds with Evander Holyfield, making some psychologists suggest his predilection for getting beaten by African American men borders on the pathological.

•President Obama posted on his new Twitter account. His profile reads, “Dad, husband and President of the United States.” A disconcerting indication of where we stand.

With 70 weeks before the election, you might want to fasten your seat belts. It’s going to be a bumpy ride.

IS IT TRUE MAY 29, 2015

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IS IT TRUE we hear that it might be worthwhile if the “Riecken For Mayor” committee would do a “Freedom Of Information Request” on the Uniform Crime Report concerning the City of Evansville? …this request should cover 2012, 2013 and 2014 and the first quarter of 2015 so accurate comparisons of previous years can be done? …this would allow the “Riecken For Mayor” committee to do a fact check and see if indeed Mayor Winnecke claims that crime is down under his watch?

IS IT TRUE it  been alleged that a couple of Board of Directors members at the Alhambra Theatre has overstayed their board appointed position which ended in January of this year? … we are also hearing that the Alhambra Board of Directors may be considering giving this Historic Theatre building over to the Arts Council to make it into a Arts Gallery?  …that past board members have asked for copies of the current bylaws, to no avail?  … its alleged that one board member is employed by the Arts Council, which poses a direct conflict of interest if the Board of Directors turns Alhambra over to the Arts Council to ruin?

 IS IT TRUE  the Alhambra Board of Directors are sitting on $20,000 that will probably be turned over to the Arts Council if the Board gives Alhambra to them? …this Historic Theatre is an icon of our community and should remain a theatre, not an art gallery?  …you can rest assure that the CCO shall keep you informed about happenings concerning the possibility of turning the Alhambra Theatre into an Arts Gallery?  …a better use of this fine facility would be to merge with Civic Theater and re-locate Civic Theater to the Alhambra?

 IS IT TRUE it’s time we talk about another community icon called the the McCurdy?  …this month’s renovation figures are expected to cost between $10-13 million.   …we now are told this  Historic Hotel will become an apartments complex  and the first floor will house a microbrewery and grocery store?  …we wonder what happen to the idea of  putting a 4 Star restaurant in the McCurdy?

 IS IT TRUE everyday it looks more like the McCurdy is becoming a serious candidate for “Demolition By Neglect”?  … that a close confidant of former City Attorney David Jones,  David Gunn has sued Kunkel Group for a loan made with the McCurdy as collateral.

 IS IT TRUE that Governor Mike Pence’s selections including two educators with connections to the Evansville area?  …Pence reappointed B.J. Watts, former City Councilman and a Evansville school teacher, to the State Board of Education, and appointed former Evansville Vanderburgh School Corp. Superintendent Vince Bertram to serve as a new member on the board.  … Bertram is currently the President and Chief Executive Officer of “Project Lead the Way” in Indianapolis?  …we wonder if “Project Lead The Way” receives any tax supported money from the State?  …if they do wouldn’t this be an obvious conflict of interest?

Please take time and vote in todays “Readers Poll”. Also we just posted the current City County Observer TRI-STATE VOICES TV show for you’re viewing pleasure.

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

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, May 27, 2015

Kelly Adkins                   Dealing in Methamphetamine-Level 5 Felony

Possession of Methamphetamine-Level 6 Felony

Possession of Paraphernalia-Class A Misdemeanor

Possession of Marijuana-Class B Misdemeanor

Chase Nance                Possession of Narcotic Drug-Level 6 Felony

Striking a Law Enforcement Animal-Class A Misdemeanor

Resisting Law Enforcement-Class A Misdemeanor

Benjamin Payne-Neuffer         Strangulation-Level 6 Felony

Intimidation-Level 6 Felony

Legend Drug Deception-Level 6 Felony

Domestic Battery-Class A Misdemeanor

Possession of Paraphernalia-Class A Misdemeanor

Joyce Wright                              Battery in the Presence of a Child-Level 6 Felony

Battery-Class B Misdemeanor

PET OF THE WEEK

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This beautiful longhaired girl is Joanna! She’s just over a year old, and loves to give head rubs to the people who care for her. She is not a fan of other felines, so she’ll need to be the only cat in her forever home. But, she looks forward to sharing all aspects of life with someone who is seeking a lap cat with a pretty face! Her $30 adoption fee covers the cost of her spay, registered microchip, vaccines, and more. Download an application at www.vhslifesaver.org or call (812) 426-2563!

 

Jamey Johnson – This Saturday!

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THIS SATURDAY!

SMG Evansville
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Saturday, May 30 at 8:00pm

JAMEY JOHNSON

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Don’t miss your chance to see Jamey Johnson with Chris Hennessee LIVE!

11 time Grammy-nominated singer-songwriter Jamey Johnson is “one of the greatest country singers of our time,” according to the Washington Post. He is one of only a few people in the history of country music to win two Song of the Year Awards from both the CMA and ACMs. In addition, he won two Song of the Year Trophies, for “Give It Away” and “In Color,” both from the ACM and the CMA. He has received tremendous praise from The New York Times, Rolling Stone, The Wall Street Journal and other publications, many of which have hailed his albums as masterpieces.

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Price: $37.50, $27.50, $17.50

Sobriety Checkpoint this Weekend in Posey County

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Indiana State Police will be conducting a sobriety checkpoint this upcoming weekend. The exact location, date and time will not be released.  Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.

Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired.  Be prepared to give a description of the vehicle, location and direction of travel.

The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

 

Parties’ oral modification of land agreement unenforceable

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.

Terry Huber entered into a written land contract with Roger Hamilton, agreeing to buy commercial real estate in Crawfordsville. The agreement called for Huber to make monthly payments until the end of the contract on Nov. 30, 2010, when the unpaid balance would be due in full unless renegotiated.

As the end of 2010 approached, Huber and Hamilton entered into an oral agreement to extend the monthly payments and delay the balloon payment, although there is a dispute between the parties as to what the two parties agreed to, according to the court record.

Hamilton believed Huber still owed the balloon payment at the end of 2010 and that the additional $300 a month Huber paid was a penalty; Huber believed he was able to make the monthly payments until the property was paid off in 2019.

The dispute ended up in court, with the trial court ruling that the Statute of Frauds required the oral agreement reduced to writing, that evidence presented by both sides was unpersuasive, and that Huber breached the land contract when he failed to make the balloon payment when it was originally due.

“Requiring a writing for transactions concerning the conveyance of real estate is consistent with the underlying purposes of the Statute of Frauds, namely: (1) to preclude fraudulent claims that would likely arise when the word of one person is pitted against the word of another and (2) to remove the temptation of perjury by preventing the rights of litigants from resting wholly on the precarious foundation of memory. These purposes are underscored in this case because although the parties had an agreement to extend the balloon payment, the trial court found that it could not determine the details of that agreement,” Chief Judge Nancy Vaidik wrote in Terry Huber v. Roger Hamilton, 54A01-1404-PL-154.

Because the land contract was required to be in writing, any modification also had to be in writing, so the parties’ oral agreement is not enforceable.

The judges also found that promissory estoppel does not apply in this case because neither party can prove there is a “promise” to enforce. They also affirmed that Huber must pay attorney fees based on language in the written contract.