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PCR court erred in determining woman violated probation

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Jennifer Nelson for www.theindianalawyer.com

A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.

Mary Davis was imprisoned for Class C felony possession of a handgun following a felony conviction. As part of her eight-year sentence, four years were suspended to probation. She was released from prison on Feb. 3, 2005. On Feb. 4, 2009, the state filed a notice that she violated her probation. Davis admitted she hadn’t paid probation fees, and hearings were continued for several years on whether she could pay. In 2011, the state claimed she violated probation by failing a drug test; in 2012, the state sought to revoke her probation because new criminal charges were filed against Davis. In 2012, the state found she violated her probation because of the new criminal charges and ordered her to serve the four-year suspended sentence.

She sought post-conviction relief, saying the state sought to revoke her probation for a crime committed after the probationary period ended. The PCR court denied her petition, and she appealed in Mary K. Davis v. State of Indiana, 20A03-1411-PC-408.

The COA found several errors in the PCR court’s ruling, such as its finding that her probationary period ended Feb. 14, 2009, based on evidence Davis signed the terms of her probation on that date in 2005. But a probationary period begins immediately after sentencing, Judge Melissa May wrote. Thus, Davis’ probation period began when she was released from prison Feb. 3, 2005.

Because the remainder of the PCR court’s findings and conclusions are based on this erroneous date, the COA reversed the denial of her petition and ordered her released from incarceration.

Governor Pence Names Appointees to Purdue University Board of Trustees

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Indianapolis – Governor Mike Pence today named the following individuals to the Purdue University Board of Trustees.

Purdue University Board of Trustees
Michael F. Klipsch (Hamilton County), is appointed to serve the remainder of an unexpired three-year term through June 30, 2017

· Michael Klipsch is the president of business development, executive vice president, and chief counsel of Klipsch Group, Inc. He earned a Bachelor of Science degree from Purdue University in 1985, majoring in Industrial Management. Klipsch graduated with a Doctor of Law, Cum Laude with honors, from Indiana University in 1988. His community involvement includes fundraising for the United Way, Crossroads Rehabilitation Center, Make-A-Wish, and the American Cancer Society.

Cameron S. Mann (Putnam County), is appointed to serve a two-year term through June 30, 2017

· Cameron Mann is appointed as the student representative of the Purdue Board of Trustees and is completing her second year at Purdue. She served as the Indiana FFA State President from 2012-2013 and is pursuing majors in Ag Sales and Marketing, and Agriculture Communications. Her honors include Ag Ambassador for Purdue, Indiana Pork Producers Youth Ambassador, Cargill Global Scholar and Mentor Program, and the Purdue University Dean’s List.

Jo Ann Brouillette (Tippecanoe County), is reappointed to serve a three-year term through June 30, 2018

· JoAnn Brouillette was initially appointed to the Board of Trustees in July 2006. She is managing partner and president of Demeter LP, a privately owned grain and commercial warehouse business headquartered in Fowler, Indiana. She earned a Bachelor of Arts degree from Hanover College in 1983, majoring in business. Brouillette serves on the board of directors of Greater Lafayette Commerce and the Indiana Chamber of Commerce. She is a member of the board of directors for Lafayette Bank and Trust, Indiana Sports Corporation, Midwest Ag Finance, and the National Grain and Feed Association.

Michael R. Berghoff (Marion County), is reappointed to serve a three-year term through June 30, 2018

· A 1985 graduate of Purdue with a bachelor’s degree in industrial management, Michael Berghoff was initially appointed to the Board of Trustees on July 1, 2009. He is founder and president of the Lenex Steel Corp. in Indianapolis. In addition, Berghoff is the former president of the Purdue Theta Chi alumni corporation, past president of the St. Simon the Apostle Parish, a member of the Cathedral High School Board of Directors, and Chairman of the board of directors for Young President’s Organization.

Reflections on a successful 2015 legislative session

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Every January, as snow covers the state, legislators return to the Statehouse, each bringing with them their own personal goals for session. As a member of the Public Health Committee and a respiratory therapist, my goals often center on improving the healthcare industry in Indiana.

 

However, each year, the House Republicans also establish a collective set of goals, known as our agenda. This year, our agenda included budget integrity, education funding, public safety and ethics reform, and I am pleased to report that we delivered on each of these priorities.

Every two years, the General Assembly is charged with crafting a budget to run the state for the next two fiscal years. The 2015 budget is honestly balanced and does not increase taxes on the hardworking Hoosiers we represent. It also protects future generations by maintaining healthy reserves and a structural surplus, both of which are critical to maintaining our state’s triple-A credit rating.

 

While holding firm to our commitment to fiscal integrity, we were also able to make the largest increase in K-12 funding in Indiana history. In fact, K-12 funding received an additional $474 million over the previous budget. As a result of this investment, I am happy to share with you that each and every school district in our community will receive an increase in per student funding over the biennium.

 

Another strategic priority which we strengthened our investment in is public safety. Indiana is facing several public safety concerns, including a high infant mortality rate and overcrowded domestic violence shelters, which is something we sought to address this session. Working towards this goal, we established the Safety P.I.N. (Protecting Indiana’s Newborns) grant program. This initiative will provide $13.5 million in grants for groups with innovative ideas on how to reduce infant mortality in Indiana. In addition, this year’s budget doubles funding for domestic violence prevention and treatment.

 

The General Assembly also passed ethics reform legislation that builds on our already rigorous transparency initiatives. Unlike some other states, Indiana has a part-time Legislature, which means that we are only in Indianapolis part-time, and the rest of our time is spent in our local communities. This provides us a better understanding of the needs of our district. By improving reporting requirements and disclosures of conflicts of interest, legislators will be better prepared to navigate the nuances of a part-time Legislature.

 

With another successful session in the books, I am thankful for the opportunity to be back in the district full-time. After nearly five months in Indianapolis, I am looking forward to spending more time with my family, particularly my grandkids, and also working outside in my greenhouse. At the same time, I will continue to do all that I can to be a resource for our community.

 

Throughout session, hearing your thoughts and concerns helped me to make the best decisions for our district. Even though session has adjourned, I encourage you to continue to contact me anytime. I can be reached via email at h75@iga.in.gov.

 

Arts Council Summer Brown Bag Schedule

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The Brown Bag Performance Series is a free program offered to the community by the Arts Council of Southwestern Indiana. The series runs weekly from October through April at the Arts Council’s Bower-Suhrheinrich Foundation Gallery, located at 318 Main Street in downtown Evansville. The Brown Bag Performance Series is every Wednesday at noon. Summer performances are once a month unless otherwise noted. It is encouraged to bring your lunch and a friend, and enjoy the free local performances. The Brown Bag Series is made possible in part by the Mesker Music Trust, managed by Fifth Third Investment Advisors. Below is the schedule for the summer performances.

 

5/13/15 – North High School Singers: Join the Arts Council in welcoming North High School to the Brown Bag Series. North High School will be bringing a small group from their Concert Choir to give a preview of their spring concert, which is scheduled for Friday, May 15, 2015 at 7:00 P.M. in the Jerry Hoover Performing Arts Center.

5/20/15 – Tom Drury: Tom Drury is the Director of Music at Trinity United Methodist Church and an Adjunct Professor of Music at the University of Southern Indiana. He also classifies himself as a “freelance pianist”. Tom is a gifted musician who has a passion for various styles of music. Tom plays with a number of groups in the community and the groups he chooses to play with shows his versatility. He often plays with the Evansville Philharmonic, Irish music groups, the Tom Drury Quartet, and has played a number of high profile events as part of a Jazz Ensemble.

A 2014 Mayor’s Arts Award winner, Tom’s talent extends to many different instruments including piano, organ, violin, accordion, keyboard, and much more. Welcome this talented musician into the Bower-Suhrheinrich Foundation Gallery for another wonderful Brown Bag Series performance.

6/3/15 – D’Alto Studios: D’Alto Studio of Performing Arts presents “SHREK, The Musical”

Come join Shrek, Fiona, Donkey and the Fairy Tale Creatures featuring our D’Alto Studio of Performing Arts students and community actors from the Evansville area in this show teaser!

D’Alto Studio of Performing Arts continues educating and bringing arts to our community, as they have done since 2009. D’Alto students, community actors, adults, and college students have worked together to create many theatrical favorites. Don’t miss this show! It will be great fun for the whole family.

7/1/15 – Public Education Foundation Summer Musical Preview: Since 1989, the Public Education Foundation has provided funding for an area-wide high school summer musical production. A summer-school curriculum offering, these major musical theatre productions showcase the talents of area students while helping them develop their skills in a professional setting.

The 2015 show is Disney & Cameron Mackintosh’s MARY POPPINS. Performance dates are July 9-12, 2015 in the Aiken Theatre at Old National Events Plaza (Formerly The Centre.)

8/5/15 – Dixielanders: This six-member Dixieland Band will be taking us back to yesteryear with the famous Dixieland sounds from the early to mid 1900s. Spanning American entertainment from the turn of the last century, The Dixielanders draws its repertoire from Dixieland favorites, Traditional Jazz, Early Swing, Sing-a-Longs, Tin Pan Alley, Roaring 20’s and Novelty Songs. Come join the fun and excitement as the music and memories carry you back to a simpler and happier time. And if you know how to whistle, hum or croon, you are sure to join in on the fun.

Day 1: Hoosier Artisans Featured on Governor’s Jobs Mission to China

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Indianapolis – As Governor Mike Pence begins his five-day jobs and economic development mission in China, he is showcasing the work of Indiana’s artisans throughout the trip by practicing the East Asian ritual of gift giving.

 

“China’s ancient history was on display today during our visit to the Great Wall,” said Pence. “The rich history at the wall reminded me of Indiana’s history and the vital threads that make up the very fabric of Indiana culture. During our meetings this week with Chinese business and government leaders, we’ll be presenting these Hoosier-made pieces of art that tell our story and showcase our heritage as a state dedicated to quality and craftsmanship.”

 

Gift giving is important in Asian business protocol and emphasis is placed on this ritual. During the trip, the Governor is presenting high-ranking business leaders with wooden bowls produced by Madison-based Chapman Woodturning Inc., which feature a raw, bark edging and Indiana’s state seal laser-engraved on the bottom. Crafted by artisan Gary Chapman, who retired from the Madison Consolidated School District after 34 years of teaching art, the bowls are hand crafted from local fallen and discarded trees of the Indiana forests.

 

“Indiana’s natural beauty is already a work of art,” said Chapman. “It’s my passion to transform wood from fallen trees in our state’s forests into bowls and other wood creations. It is an honor to have my bowls given as gifts on the Governor’s trip to China and an honor to represent Indiana’s artist community to leaders half way around the globe. I hope Chinese government and business officials treasure these bowls as a reminder of all that Indiana has to offer.”

 

Amish wall-hanging quilts from Shipshewana-based Little Helpers Quilt Shop are also among the gifts being given to high-ranking Chinese business leaders and government officials. Comprised of 40,000-50,000 hand-sewn stitches, Amish quilts from Indiana are a craft and tradition that date back more than a hundred years, originating with European Amish families moving to the Hoosier State in the mid-1800s.

 

The Governor is also presenting Kokomo-based Kokomo Opalescent Glass hand-blown glass vessels, which feature an etching of the company’s name and the Indiana state seal.

 

First Lady Karen Pence is presenting silk scarves with a watercolor print of Indiana’s official state flower, the Peony, to company and culture officials in China. The First Lady painted the original watercolor that is used as the design for the scarf.

 

Gifts including a greeting card set featuring photographs of Indiana’s state parks, neckties in state colors and pens featuring the Governor’s signature will also be given to officials in attendance at the meetings.

 

The Indiana Economic Development Corporation purchased the gifts using private contributions from the Indiana Economic Development Foundation.

 

The Governor also kicked off his week in Beijing by meeting with the Haier Group, the largest Chinese multinational consumer electronics and home appliances company, to thank them for choosing Evansville, Indiana for its tech center last fall.

 

A photo of Gary Chapman Bowls’ hand-crafted wooden bowl can be viewed here. Photos of Little Helpers Quilt Shop hand-sewn Amish quilts can be viewed here and here

 

Updates from the Governor’s trade mission to China this week, including video clips and photos, will be posted throughout the trip here: http://in.gov/gov/China2015.htm.

IS IT TRUE MAY 12, 2015

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IS IT TRUE the 2015 primary election results are in?  … can we use them to evaluate the Mayoral candidates likelihood of success in the fall?

IS IT TRUE there were a total of 6,503 votes cast in the Primary?   …the results show Mayor Winnecke receiving 1,723 to Gail Riecken’s 3,785 or a difference of 2,062?

IS IT TRUE It’s no secret that many more people voted in the Democratic primary than in the Republican primary?  … the Republican Party has found two strong candidates (Hargis and Elpers), the party failed to file anywhere near a full slate let alone enough candidates to have contested primaries?  … does this discrepancy between the Republican and Democrat slates invalidate any comparison of the Mayoral totals or can they still be a guide to how this race is shaping up?

IS IT TRUE any time that someone looks at numbers whether for a polling agency or to interpret election results?  …certain assumptions are made which allow whomever is analyzing the data to make an educated guess as to what happened and what is likely to happen in the future?

IS IT TRUE during the 2011 general election, there were 21,673 votes cast for Mayoral candidatesI?  … If we assume that the 6,503 people that voted in the primary will return to vote in the fall, then we would expect Mayor Winnecke to remain approximately 2,000 votes behind after their votes are tallied?  … after those 6,500 people cast their ballots, there should be around 15,000 votes remaining?  …In order to tie, Mayor Winnecke would have to receive 2,000 votes to offset Ms. Riecken’s lead and then get an additional 6,500 of the remaining 13,000 votes.?  …In other words, after losing the race among the roughly 6,500 primary voters by over 2,000 votes, the Mayor would have to get over 65% of the remaining 15,000 votes to win?

IS IT TRUE the only assumptions made in this analysis are that the primary voters will vote in a substantially similar manner to how they voted this month?  …an assumption was made that roughly the same number of voters will turn out this fall as they did four years ago?

IS IT TRUE while it is unfair to directly compare the primary vote totals of the two Mayoral candidates, the numbers can be used to give us a reasonable guide as to what to expect in the fall?  Also the wild card in this analysis are the votes that may be received by the Libertarian and Independent candidates in the Fall General election?

IS IT TRUE we can’t wait to read your causal analysis on this subject?

Please take time and vote in todays “Readers Poll”. Also we just posted our current TRI-STATE VOICES TV show. This weeks guests are Courier and Press political reporter Zack Evans and Channel 25 reporter Jordan Vandenberge discussing the primary election results. This is a must view program.

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

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.

EPD Activity Report

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

University of Evansville Announces Outstanding Senior Awards

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Hlawn K. Zathang, an accounting major from Indianapolis, Indiana, and Nathan Graves, an education major from Renssalaer, Indiana, were named the University of Evansville’s Outstanding Seniors during today’s Commencement at the Ford Center.

The Mabel Dillingham Nenneker and Guthrie May Outstanding Senior Service Awards are the highest honors the University presents to one female and one male senior. They are named for two of the University’s most respected alumni, Mabel Dillingham Nenneker and Guthrie May.

Zathang was the recipient of the Mabel Dillingham Nenneker Outstanding Senior Service Award. She graduated with an accounting degree and has earned sufficient credit hours to sit for the Certified Public Accountant exam following graduation.

In 2008, Zathang moved with her family to America from Burma (now Myanmar). Nobody in her family spoke English, so she committed to learn English fast in order to assist her family with the transition. Zathang has also volunteered to assist other refugee families relocate to America. She is one of approximately 10,000 Burmese people now living in south Indianapolis. Through these experiences, Zathang became inspired to give back by helping others.  Since her arrival in Evansville, she has volunteered at the Evansville ARC Industries, Little Sisters of the Poor, and Pine Haven Nursing Home.

Zathang is involved with the Burmese American Institute, a not-for-profit organization that helps students and people in the community focusing on college research, tutoring, and childcare development. Zathang helps students with research, tracks cash flow for the Institute’s program, calculates staff payroll, organizes participant, staff, and organization partner files, and assists with fiscal reporting.

Overall, Zathang says, “It is obvious that through my four years at the University of Evansville, I have not only grown in an education aspect, but I also discovered what it means to be a good citizen. I also realize the size of my responsibility starting with my family, to the community, and to the world.”

The Guthrie May Award was presented to Graves, who was also the ceremony’s senior keynote speaker. He graduated with a bachelor of science in special education and elementary education, and will attend Vanderbilt University in the fall to pursue a master’s degree for a future in higher education.

Graves helped incoming and potential students as an admission ambassador and orientation leader, and was involved with local schools through practicums and internships. He served as event coordinator for an after school program that finds homes for those whose situations leave them without a place to live.

Graves was inspired to enroll in a social responsibility class to become more culturally competent, and participated in training provided by the Anti-Defamation League. He went on to lead small group discussions on campus in an effort to educate others in diversity and acceptance.

His list of involvements is long, but he says it’s not titles, the clubs, or the committees that matter – his participation was always with the goal to understand people better and to help in situations where there was opportunity to make a positive impact on others and help people.

“As I look forward to a career in higher education,” Graves says, “I know that each day will provide me with an opportunity to do something meaningful for the rest of my life. It will not be easy, and I may not get a lot of rest at night, but I can be a part – even if it is a small part – of a crucial time in a person’s