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Split COA: 1992 Michigan sex offender required to register in Indiana

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Dave Stafford for www.theindianalawyer.com

A man who committed a sex crime in Michigan in 1992 and moved to Indiana in 2012 must put his name in the Indiana Sex Offender Registry created two years after his initial offense, a divided Court of Appeals panel ruled.

Judges Terry Crone and Elaine Brown reversed Marion Superior Judge Tim Oakes’ grant of Scott Zerbe’s petition to remove his name as a sex offender. “On appeal, the State argues that SORA is not an unconstitutional ex post facto law as applied to Zerbe,” Crone wrote inState of Indiana v. Scott Zerbe, 49A05-1410-MI-463.

“We agree: Zerbe had fair warning of SORA’s registration requirement before he moved to Indiana, and SORA imposed no additional punishment because he was already required to register in Michigan. Therefore, we reverse.”

Zerbe was convicted of criminal sexual conduct in the second degree in 1992 for sex acts with a 14-year-old, according to the record. He was released in 1999 and required to register as a sex offender in Michigan for 25 years.

The majority noted Indiana amended SORA in 2001 so that any person required to register as a sex offender elsewhere must register in Indiana. But dissenting Judge John Baker wrote that this change in law was of lesser consequence in the analysis and conflicted with precedent settled under Wallace v. State, 905 N.E.2d 371 (Ind. 2009), and similar cases.

“While I see the logic in the State’s position on this issue, as well as the majority’s decision, the case law could not be clearer,” Baker wrote. “Our Supreme Court, plus three panels of this Court, have plainly held that the date of primary importance is the date of the original conviction. … Therefore, I believe that requiring him to register as a sex offender would violate Indiana’s constitutional prohibition against ex post facto laws and would affirm the trial court’s judgment.”

First Lady Karen Pence to Visit Elkhart County

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First Lady Karen Pence, Indiana’s Bicentennial Ambassador, will visit Goshen on Monday where she will visit and learn about Bicentennial Legacy projects in Goshen and throughout Elkhart County. The First Lady will visit additional counties throughout the next year.

“I am excited to travel to Goshen Monday.   I will have an opportunity to visit with the hard-working folks of Elkhart County who have put many hours into their legacy projects in preparation of celebrating Indiana’s two-hundredth Birthday,” said First Lady Karen Pence. “ I am honored  to serve as the Indiana Bicentennial Ambassador.  It is a privilege to see first-hand the hard work the commission members have dedicated to  assuring all Hoosiers and counties have a chance to celebrate and showcase their Hoosier history.  I am thrilled to have the opportunity to visit and witness first-hand, legacy projects completed or in progress in some of our state’s counties.”

 

Monday, June 1:

 

12-12:15 p.m.             Historic Goshen Theater

 

12:15-12:23 p.m.       Tour of Goshen Mill Race to the Historic Hawks Building

 

12:23-12:38 p.m.       Historic Hawks Building Artisan Showcase

 

12:38-12:45 p.m.        Return to Main Street and Walking Tour of Downtown Goshen to the Historic Courthouse and the Quilt Garden

 

12:45-12:47 p.m.        Quilt Gardens along the Heritage Trail overview at the Courthouse Quilt Garden

 

12:47-12:54 p.m.        Walk and Visit to Olympia Candy Kitchen

 

12:54-12:58 p.m.        Walking tour of Historic Downtown Goshen on opposite side of Main Street back to car parked at the Goshen Theater

 

1:04-1:10 p.m.            Tour of Goertzen Pottery Studio and main floor of the Old Bag Factory

 

1:10-1:50 p.m.             Lunch and Meet & Learn with the Elkhart County Legacy Project Managers at The Trolley Café

 

1:50-2 p.m.                   Quilt Designs at the Old Bag Factory and the “Legacy” Quilt Garden

 

 

PET OF THE WEEK

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Meet the most delightful pair of ears VHS has ever seen. Farley was brought to VHS as a stray, so his back story is pretty much blank. But he’s looking forward to writing his future chapters with an active family who’s willing to help him with the basic manners he missed out on early in life. He hopes to have lots of walks, Frisbee time, and snuggles on the couch in his future. He’s a chocolate-colored pitbull mix, and just over a year old judging by his teeth development. Take Farley (and those ears!) home neutered, vaccinated, and with a registered microchip for only $100! Download an application at www.vhslifesaver.org or call (812) 426-2563!

Barner Retiring after 13 Years as UE Vice President for Development and Alumni Relations

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John C. “Jack” Barner’s accomplished career in education is coming to a close as he celebrates his retirement this month. His tenure began at the University of Evansville in 2002 as the vice president of development and alumni relations His long career is filled with many achievements and successes.

In 2013, Bill Ridgway’s gift to UE was one of the top 50 gifts for anything in the United States that year, and Jack was a part of it.

“Bill Ridgway left us $38 million—that was a career highlight,” Jack says. “I had worked with Bill for 12 years. He had already given us $10 million for Ridgway University Center and another $3 million for the endowment, so we’re talking about over 50 million dollars from one man—that’s astounding!”

Dr. Tom Kazee, UE president, says it’s Jack’s understanding of philanthropy and the critical role it plays in supporting the University that has been instrumental in building a remarkable record of giving to UE.

“Our donors often tell me how much they enjoy working with Jack, and especially how much they enjoy the personal relationships they develop with him,” Kazee says. “He knows that success in fundraising is more than just asking for money—it’s about treating people with respect and sensitivity to their personal circumstances.”

Jack had a long career before coming to the University of Evansville. He received his BA in History from Siena College and Masters in Political Science at the College of Saint Rose in Albany, New York. After receiving his Bachelor’s degree, Jack taught at South Colonie High School for 19 years.  While teaching, Jack also served as a member of the Albany County Legislature, chairing the finance committee of that body.  He then became director of admission at the College of Saint Rose, later to be hired by Colgate University as the director of the Annual Fund Office.  He served at Colgate for over five years where he became the associate director of development.  He was then hired by Winthrop University in South Carolina where he was executive director of development. He was then recruited by Elon College in North Carolina to be the vice president of University Advancement in charge of public relations, fundraising, alumni affairs and church relations.  Five years later, he became the vice president at Oklahoma City University with similar duties before moving on to UE.

“I’ve worked for UE longer than I’ve ever worked for another university, and I’ve worked for a number of them,” says Jack. “Evansville has been a wonderful place to work. I’m literally excited every day I go into the office. I’ve been fortunate to have two very good bosses here; both Steve Jennings and Tom Kazee have been wonderful people to work with.”

Other highlights of his time at UE included his involvement in the McCarthy Greenhouse, the expansion of the Schroeder Family School of Business, and the Bower Suhrheinrich library renovations, which have recently begun.

“Jack has played a key role in just about every major project the University has undertaken, and every gift we’ve received, in the last decade,” says president Kazee.

Though he was involved in many projects during his time here, it’s the people that Jack says he’ll miss the most about the University of Evansville. “I’ll miss working with the team I’ve trained and mentored and coached. I’ll miss the donors, too. Some of these people have become close personal friends and I will work hard to keep all them as close as possible.”

Jack will still be around campus, though. He is staying involved with the office of development as the planned giving officer. He will work with people on estate planning to help donors figure out how best to help the university through bequests, shareable remainder trusts, annuities, lead trusts, and other options.

Vanderburgh County Recent Booking Record

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EPD Activity Report

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EPD Activity Report

THE RISE OF THE CHARLATANS

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By Tina Dupuy

At the birth of every conspiracy theory is the question, “Who profits?”

In the dark reaches of anonymous Internet forums, the answer is always Big Government, Big Pharma, Big Farm-a and occasionally Satan, aliens, the Illuminati, the Knights Templar, or the Pentavirate—some omnipotent all-powerful force that enviously pulls off vast nefarious synchronization perfectly.

And this assumption of divine coordination—an attempt to make sense of a chaotic indifferent world—is very bipartisan. It’s not just one party taking to the Internet or broadcast television to wrap themselves in cozy half-baked hyperbole—denying science and doubling down on baloney—it’s at the far reaches of both sides of the spectrum.

Republicans will tend to see the threat as anti-Christian or Big Government tyranny (Sharia law and “gubmint coming fir yer guns”). Democrats tend to see the threat as anti-alternative medicine and anti-nature (i.e., animal protein causes cancer and there are chemicals in everything!).

Distrust, disinformation and a wide range of discussion boards have primed the American public for leaders who can give them reassurance. Figureheads who can tell them what they need to know, what no one else will tell them, what some don’t want them to know. You know, the “truth.”

So in this land of the emboldened science illiterate, I pose the question, “Who profits?”

The answer? Charlatans. Pseudoscience salesmen. Quacks and swindlers ready to feed off human misery with overly simplistic (and probably expensive) solutions.

The herbal supplements market, for example, is a $100 billion business globally. A study released this week from the New York State attorney general’s office found major retailers like Target, Walmart, GNC and Walgreens are selling what for all intents and purposes is snake oil. Herbal supplements with fillers in lieu of herbs. An entire aisle of the placebo effect estimated in the billions.

But if you think Big Pharma is trying to scam you, it’s priceless.

The History Channel, a joint venture between Hearst and Disney, has fed into this fevered fetish with their programming: “Ancient Aliens,” “UFO Hunters,” “Decoded,” “The Bible Code,” “Cities of the Underworld,” “Mystery Quest,” “Nostradamus Effect,” “Armageddon.” We effectively have an ahistorical History Channel.

This is something no one else will tell you … unless you turn on Disney-owned cable television.

Speaking of television charlatans—”Dr.” Oz. Not only has he let psychics come on his show to chat with the dead, he’s a proponent of the widely debunked “detox” craze and was recently called out by Congress for hawking fake weight loss pills on his show. Quacks like a duck, must be a quack.

But like “Dr.” Oz, “Dr.” Rand Paul also gains from his fans’ beliefs rooted in junk science and disproved claims. Paul caused a stir this week by parroting the universally (and frequently) debunked claim that vaccines cause autism. He’s also involved with a phony science organization called the Association of American Physicians and Surgeons. “Its periodical, Journal of the American Physicians and Surgeons, has published reports suggesting a link between abortions and higher rates of breast cancer,” reports The New York Times. “A tie rejected by an expert panel of the National Cancer Institute. Another report contended that illegal immigrants brought disease into this country and benefited if their babies were born with disabilities.”

This is a doctors’ association? First do no harm…unless they’re illegals.

Then private-jet-baller, Governor Chris Christie, hoping to split the anti-vax vote opted to feed into people’s fears too. “Parents need to have some measure of choice in things as well, so that’s the balance that the government has to decide,” he said to a reporter this week. Christie is suddenly and shockingly pro-choice when it comes to public health. Unlike when he was pro-mandatory quarantine…like in October.

Charlatans are indicative of simple economics: supply and demand. As long as we demand manure, someone will step up to shovel it. And business appears to be good.

Governor Pence Ceremonially Signs Dyslexia Bill, HEA 1108

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Governor Pence joined Hoosiers in the Statehouse Rotunda to ceremonially sign HEA 1108, which requires teacher training programs to prepare teachers to recognize when a student may have special learning needs, including learning needs related to dyslexia. The Governor was joined by bill author Representative Woody Burton (R – Whiteland), bill sponsor Senator Rodric Bray (R – Martinsville), and co-authors Representative Greg Beumer (R – Modoc), Representative Karlee Macer (D – Indianapolis), Representative Donna Schaibley (R – Carmel), and Representative John Bartlett (D – Indianapolis). Below is an excerpt from the Governor’s remarks. The full remarks as prepared for delivery can be found attached.

 

“Here in Indiana, we want every child to receive a quality education. Dyslexia should not be a deterrent to learning, and, thanks to House Enrolled Act 1108, Indiana is now addressing an important need in our state’s classrooms.

 

“This legislation requires teacher training programs to better prepare teachers to recognize when a student may need to be referred to the school’s multidisciplinary team to determine the student’s special learning needs, including those related to dyslexia. It also allows education service centers to offer courses and training related to dyslexia.”

 

HEA 1108 goes into effect July 1, 2015. A photo from today’s ceremonial bill signing can be found attached.

 

Governor Pence Names Executive Director for Gaming Commission, Department of Financial Institutions Head

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Governor Mike Pence today named Sara Gonso Tait as Executive Director of the Indiana Gaming Commission, effective June 1, 2015, after current Executive Director Ernest Yelton announced his retirement. She currently serves as General Counsel at the Indiana Gaming Commission.

 

“Sara Gonso Tait has served the people of Indiana well during her time at the Indiana Gaming Commission, and her dedication and experience within the Commission make her the perfect candidate for Executive Director,” said Governor Pence. “I know she will continue to serve Hoosiers with professionalism and distinction in her new role.”

 

Previously, Tait worked as Director of License Control and a staff attorney for the Indiana Gaming Commission, and as a contract attorney for Lewis Wagner, LLP. Tait also currently serves as a Volunteer Guardian Ad Litem at Kids Voice. She earned her undergraduate degree from Miami University and her law degree from Indiana University Robert H. McKinney School of Law.

 

The Governor today also named Tim Berry as Director of the Department of Financial Institutions, effective June 8, 2015. He fills the position previously held by Dennis Basset, who was recently named Public Finance Director of the Indiana Finance Authority.

 

“Tim Berry’s experience in public service and knowledge of state government make him a qualified candidate for Director of the Department of Financial Institutions,” said Governor Pence. “I am honored to appoint him, and I know he will serve the people of Indiana with dedication and integrity.”

 

Berry most recently served as State Chairman of the Indiana Republican Party. Previously, he served as Auditor of State, where he managed all controls on accounting, payments and payroll transactions for the state. He also successfully worked with all other state agencies to implement the first fully-integrated financial system in Indiana state government history.  Prior to his role as Auditor of State, Berry served as Treasurer of State for seven years.  Berry received his undergraduate degree from Bowling Green State University and his MBA from Indiana University in Fort Wayne.