SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
EPD Activity Report
 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Justices: Previous ruling did not alter fundamental error doctrine
Jennifer Nelson for www.theindianalawyer.com
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.
The justices granted transfer to Brandon Brummett v. State of Indiana, 49S02-1502-CR-69, to clarify that its ruling in Ryan v. State, 9 N.E.3d 663 (Ind. 2004), did not alter the doctrine of fundamental error.
In Ryan and Brummett, the principal issue was whether the prosecutor engaged in prosecutorial misconduct, and if so, whether the claim was procedurally defaulted due to defense counsel’s failure to timely raise an objection at trial or whether reversal should result under the doctrine of fundamental error.
In Ryan, the convictions were affirmed because the defendant failed to contemporaneously object to the misconduct, and the misconduct did not warrant application of the fundamental error doctrine. That ruling was handed down a day after the Court of Appeals reversed Brandon Brummett’s convictions after finding the prosecutorial misconduct in that case amounted to fundamental error.
On rehearing, the COA affirmed, writing that “the prosecutor’s misconduct did amount to fundamental error under the standard now to be used,†which implied that Ryan may have created a new fundamental error standard, Justice Brent Dickson wrote.
But that is not the case. Ryan simply restated and applied the longstanding standard, he wrote, as did the ruling in Brummett. As such, justices summarily affirmed, except for the sentence implying a new standard has been created.
DEVELOPMENTAL SERIES CLASS WILL ADDRESS CHILDREN’S SLEEP
The next class in the 2015 Developmental Series will take place Thursday, February 26th from 11:00 a.m. – Noon in the conference room of the St. Mary’s Center for Children, located at 3900 Washington Avenue in Evansville. The topic is “The Lost Art of Sleep†with presenter Dr. Jim Schroeder.
This edition of the series will give an overview of typical sleep patterns for young children, markers for disrupted sleep, and methods that parents or caregivers can use to improve sleep habits. Evidence indicates that the earlier parents address sleep issues in children, the more likely that youth will adopt good sleep patterns that can provide the best opportunity for good physical and psychological development. Chronically-poor sleep is associated with a number of concerns, including attention, mood, and memory difficulties.
The 2015 Developmental Series is presented by the St. Mary’s Center for Children and ECHO Community Health Care. It is geared toward parents and caregivers of children ages 0 – 3 years old. Child care will be provided on-site. Light refreshments and snacks will be served. To view all the classes offered in 2015, go to www.stmarys.org/developmental-series.
Classes are free, but registration is required. Please call either of the phone numbers below to reserve a spot.
- Lindsey Kranpitz or Kelly Shaw
Resource Specialists, St. Mary’s Children’s
812.485.7425
- Cindy Zirkelbach, RN
ECHO Community Health Care
812.436.4501
Dr. Jim Schroeder, Pediatric Psychologist at St. Mary’s Center for Children, and his wife Amy will discuss the following topics:
- Normal signs/challenges of child development
- Early indications of problems
- Programs and agencies that can help
- Your questions on the challenges of raising young children
Amy Schroeder graduated from the University of Evansville with a Bachelor of Science (BS) degree in Elementary Education and a Middle School Math endorsement. She has several years of teaching experience in Louisville and St. Louis parochial schools.
Catch the latest edition of the “Indiana State Police Road Show†radio program every Monday morning at your convenience.
This week’s show features Captain Sherri Rees and Officer Dennis Bennett, of the Indiana State Police Capitol Police Division. Rees and Bennett discuss the responsibilities and duties of the Capitol Police Division as well as the basic requirements to apply to the department.
Download the program from the Network Indiana public websites at www.networkindiana.com. Look for the state police logo on the main page and follow the download instructions. The ISP Road Show can also be viewed via YouTube.
Go to https://www.youtube.com/channel/UCu5Bg1KjBd7H1GxgkuV3YJA or visit the Indiana State Police website at http://www.in.gov/isp/  and click on the YouTube link. This 15 minute talk show concentrates on public safety and informational topics with state wide interest.
The radio program was titled “Signal-10†in the early sixties when it was first started by two troopers in northern Indiana. The name was later changed to the “Indiana State Police Road Show†and is the longest continuously aired state police public service program in Indiana.
Radio stations across Indiana and the nation are invited to download and air for FREE this public service program sponsored by the Indiana State Police Alliance and Cops for Kids, a subsidiary of the Indiana State Police Alliance.
Empowering Hoosier parents
With the halfway point of the legislative session quickly approaching, many bills are making their way out of committees and onto the House floor. One of these bills, which I will share with you today, is a bill that I authored regarding prenatal diagnoses.
You might be thinking that my experience in the healthcare industry is what prompted me to author this legislation. However, like many pieces of legislation, this came about as a result of conversations with my constituents.
In particular, I had the honor of meeting Nina Fuller and her daughter, Hope at a community event in Chandler. Nina is the president and founder of S.M.I.L.E. on Down syndrome, a Down syndrome support group in Evansville.
Nina found out during her pregnancy that her child had Down syndrome. However, all she could find was outdated resource books. As a result, she has used her own personal experiences to help other parents gain access to important information on their child’s condition.
After hearing of her work, I too wanted to make a difference, and thankfully, as a state representative, I have that opportunity. That is why I authored House Bill (HB) 1093 to require the Indiana State Department of Health (ISDH) to collect certain information regarding the prenatal diagnosis of Down syndrome and any other prenatally diagnosed condition.
This information will then be disseminated by health facilities and health care providers to parents who receive a prenatal diagnosis for one of these conditions. The information must include a brief description as well as contact information for state and local advocacy organizations that advocate for people with intellectual and other developmental disabilities.
Ultimately, my goal in authoring this legislation is to empower parents with the information they need and deserve regarding the health and wellbeing of their child. While this already occurs at many large hospitals, including Deaconess Women’s Hospital and St. Mary’s Medical Center, many smaller hospitals simply do not have their own materials to distribute. This bill will ensure that parents across the state will receive consistent information no matter which healthcare provider they chose to visit.
This bill would not only require ISDH to approve and compile the information, but also make it available online for immediate access upon diagnosis. This would allow parents to make a more informed decision upfront about how they want to approach dealing with their child’s condition. Since the information is constantly being updated, the ISDH website would be able to contain the most up-to-date resources.
I am proud to report that on Monday, Feb. 9, this legislation was passed unanimously by the Indiana House of Representatives. Now, as we reach the halfway point, this legislation will move over to the Senate for further consideration and debate. I am proud to be a part of this and believe it is the least we can do for our Hoosier parents so that they, not the doctors, are able to make the most informed decisions for their family.
If you have any questions or comments regarding this bill or any other pertinent matters, please do not hesitate to contact me at 317-232-9833.
a photo of Rep. Bacon with Nina Fuller, her husband and their daughters. The photo was taken during their visit to the Statehouse to testify in support of HB 1093 in the Public Health Committee.Â
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Pet of the Week
Buttercup is a 7-month-old female orange American rabbit! She is a large bunny who will need plenty of indoor-only cage space and room to run & play. Bunnies are easy to litter-trained, ask VHS staff how! Experienced rabbit owners preferred for Buttercup. February is Adopt A Rescued Rabbit Month – remember to NEVER buy bunnies from pet or retail stores! $30 adoption fee includes her spay! Download an application at www.vhslifesaver.org!
Winter Squall Snarls Toll Road and Northeast area of I-69 & State Roads; Blizzard Warning Issued for Northern Ind.
Weather related crashes first started being reported to the Indiana State Police Toll Road Post around 9:15 this morning. The Indiana Toll Road continues to be affected by reports of white-out conditions along with sub-zero temperatures.
The National Weather Service (NWS) has issued a ‘Blizzard Warning’ for Elkhart, LaPorte, St. Joseph, Fulton, Kosciusko, Marshall, and Starke Counties until 10:00 p.m. Sunday, February 15th. The Indiana Toll Road passes through each of these counties. The NWS advisory warned visibility will be reduced to near zero at times with whiteout conditions. Blowing and drifting snow can be expected along with bitterly cold wind chills, from 10 to 25 below zero.  Moderate to heavy lake effect snow accumulations are expected during the span of the warning.
Separate from problems on the Toll Road there have been other crashes reported across northeastern Indiana.
Some of the more significant traffic related incidents included a crash involving around 20 vehicles that occurred earlier this afternoon in Whitley County. This crash was on US 30, west of Columbia City and resulted in the closure of the east and westbound lanes of US 30 near West Lincoln Way. As of 3:30 this afternoon all lanes were reopened.
The foul weather also impacted traffic on I-69 early this afternoon. State police officers, along with county sheriff deputies from Delaware and Grant County, responded to numerous reports of crashes and slide offs on I-69 and adjacent State and County roads. The high winds and snow in this weather system created hazardous driving conditions through the afternoon. These conditions can be expected to continue.
State police troopers from the Pendleton and Peru Posts originally responded to the report of a vehicle crash involving 30 or more vehicles in the southbound lanes of I-69, near the 249 mile marker, which is just four miles north of the US 35 / State Road 28 exit.  Deputies from the Delaware County Sheriff’s Department also responded and investigated a four vehicle injury crash in the north bound lanes of I-69.  Among the vehicles involved in the crash there was one school bus, five semi-tractor trailer vehicles and more than 20 passenger vehicles involved in clusters of crashes over a quarter mile area around the 249 mile marker.
At least six people were transported to IU Health Ball Memorial Hospital, in Muncie, with unknown injuries. Though not injured, all the students aboard the school bus were transported to the hospital to remove them from the crash scene and get them out of the inclement weather.
INDOT and Delaware County EMA responded to shut down both directions of I-69, northbound at State Road 28 and southbound at State Road 26. The northbound lanes opened after 3:30 this afternoon and one southbound lane was reopened late this afternoon with expectation that all southbound lanes should be open by 9:00 this evening. The major complication at this scene has been the lengthy time required to offload a crashed FedEx truck.
All told, the Indiana State Police report that from 6:00 this morning until 6:00 this evening there were 48 personal injury crashes, 150 property damage crashes, 50 reports of vehicles sliding off the road and 82 motorists received some form of assistance from state police personnel. Fortunately, thus far, there has been no loss of life. The majority of the reported incidents have been along the Toll Road and Northeast I-69, as well as State and County Roads
People living in the area of the NWS Blizzard Warning are encouraged to avoid travel except in the case of an emergency.
Avoid calling local law enforcement or the state police to ask about road and weather conditions. Public safety phone lines need to be kept clear for true emergency calls. The BEST source for local weather condition reports and safety recommendations is from your local radio and TV news service.
If you MUST travel, check road conditions by visiting INDOT’s website at www.in.gov/indot before you start your trip.
An additional source for Travel Advisory information is the Indiana Department of Homeland Security (Indiana DHS) at http://www.in.gov/dhs/traveladvisory/
The Indiana DHS also offers a The Indiana Travel Advisory app for iPhones and Android phones.
To download for the iPhone visit:Â https://appsto.re/us/QHVw4.i
To download for Android phones visit:Â https://play.google.com/store/apps/details?id=gov.in.traveladvisory
Governors Monthly Revenue Report
The monthly revenue report for January, along with commentary from Budget Director Brian Bailey, has been posted on the State Budget Agency webpage. The report can be found here: http://www.in.gov/sba/2631.htm. Data on January revenues can also be found on the MPH website here: http://in.gov/mph/staterevenue.html.
Results include:
- State general fund revenues for January were $1,365.6 million, which is $63.5 million (4.4%) below the estimate based on the revised forecast and $32.5 million (2.4%) above revenue in January 2014.
- Sales tax collections were $683.2 million for January, which is $8.1 million (1.2%) below the monthly estimate and $37.7 million (5.8%) above revenue in January 2014.
- Individual income tax collections totaled $592.9 million for the month, which is $51.2 million (8.0%) below the revised monthly estimate and $1.6 million (0.3%) above revenue in January 2014.
- Corporate tax refunds exceeded collections by $2.8 million for the month. The net collection amount is $5.8 million below the estimate for the month.
- Riverboat wagering collections were $35.1 million for January, which is $4.3 million (14.1%) above the estimate.
- Racino wagering collections totaled $10.0 million for the month, which is $0.8 million (9.0%) above the estimate.