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Judge incorrectly considered acquitted charges in denying expungement petition

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Jennifer Nelson for www.theindianalawyer.com

Facts from an incident that do not result in a felony conviction cannot be taken into consideration by a judge when determining a person is disqualified from filing for mandatory expungement of a different felony conviction resulting from the same incident, the Indiana Court of Appeals held Monday.

Johnnie M. Trout Jr. filed a petition in January 2014 for mandatory expungement of Class D felony convictions criminal recklessness with a deadly weapon and pointing a firearm. Those convictions were handed down in 1998. At that time, Trout was charged but not convicted of two other counts, including attempted murder.

The law in effect at the time Trout filed his petition mandates granting an expungement unless a person is convicted of a felony that resulted in bodily injury to another person. The judge, when considering the petition, took into account the attempted murder charge that Trout was not convicted of, in which a victim was accidently shot and injured while reaching for Trout’s gun. The judge did not believe it was appropriate to turn a “blind eye” to the facts of the entire case.

But the statute is clear that the petition for expungement should be denied if Trout had a felony conviction that resulted in a bodily injury to another person. The two charges he was convicted of did not involve bodily injury, Chief Judge Nancy Vaidik wrote in Johnnie M. Trout Jr. v. State of Indiana, 12A04-1409-MI-403.

Therefore, these two Class D felony convictions do not disqualify him from mandatory expungement. And because this is the only basis upon which the state challenged Trout’s petition, the trial court erred in denying the petition. The matter is remanded for further proceedings.

VANDERBURGH COUNTY FELONY CHARGES

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

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, March 13, 2015

Elizabeth Allen            Battery Against a Public Safety Official-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor

Becky Edwards              Dealing in a Schedule II Controlled Substance-Level 6 Felony
Legend Drug Deception-Level 6 Felony
Unlawful Possession of Syringe-Level 6 Felony
Obstruction of Justice-Level 6 Felony
Dealing in a Schedule IV Controlled Substance-Class A Misdemeanor
Possession of Paraphernalia-Class A Misdemeanor
Resisting Law Enforcement-Class A Misdemeanor

Larry Gray                         Intimidation-Level 6 Felonies (Two Counts)
Battery with Moderate Injury-Level 6 Felony
Theft-Class A Misdemeanor

Larry Harms Jr           Residential Entry-Level 6 Felony
Criminal Mischief-Class B Misdemeanor

Quinn McGuffin         Battery Against a Public Safety Official-Level 5 Felony
Battery Against a Public Safety Official-Level 6 Felony
Intimidation-Level 6 Felony

Justin Young                   Dealing in a Schedule II Controlled Substance-Level 6 Felony
Legend Drug Deception-Level 6 Felony
Unlawful Possession of Syringe-Level 6 Felony
Assisting a Criminal-Level 6 Felony
Dealing in a Schedule IV Controlled Substance-Class A Misdemeanor
Possession of Paraphernalia-Class A Misdemeanor
Resisting Law Enforcement-Class A Misdemeanor
For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law

Ivy Tech Community College Names Nursing Dean

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Ivy Tech Community College Southwest has named Gail Lindsay as Dean of the School of Nursing.

 

Lindsay earned her bachelor’s degree in Nursing from Southern Illinois University.  She went on to earn her master’s degree in Nursing Education from the University of Southern Indiana (USI).

 

Lindsay began her career at Ivy Tech Community College as nursing faculty in 2005 and became department chair/faculty in 2010. She has also served as adjunct nursing faculty for Southeastern Illinois College in Harrisburg, Illinois, a first-aid instructor and CPR instructor for John A. Logan College in Carterville, Illinois, and a restorative nursing instructor for Southeastern Illinois College in Harrisburg, Illinois. Lindsay has also served as Director of Nursing for McLeansboro Healthcare Center in McLeansboro, Illinois.

 

Lindsay is licensed to practice as a Registered Nurse in Indiana and Kentucky. She is also a member of the National League of Nursing, the Kentucky League of Nursing and the Indiana Organization of Nurse Executives.

 

“Nurses are in high demand nationwide, and Nursing is one of the most sought after programs at Ivy Tech, so choosing an exceptional leader for our School of Nursing was of utmost importance,” said Ivy Tech Chancellor, Jonathan Weinzapfel. “Our students will not only learn from Gail’s extensive nursing experience, they will benefit from her outstanding skills in the classroom as well.”

Newburgh Man Arrested for Child Solicitation

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

Warrick County –  Indiana State Police arrested a 39-year-old Newburgh man today after an investigation revealed he allegedly solicited sex with a female teen in February.

 

On February 10, Indiana State Police initiated a criminal investigation after receiving information Chris Beppler, 39, of Newburgh, had solicited sex with a female under the age of 16. During the investigation, Detectives Tobias Odom and Toni Walden revealed Beppler had contacted a mother about having sex with her teen daughter.  Beppler was arrested this afternoon after he turned himself in at the Warrick County Jail.  He was later released after posting bond.

 

Arrested and Charges:

  • Chris Beppler, 39, Newburgh, IN
  1. Child Solicitation, Level 5 Felony

Driver Arrested after being Rescued from High Water

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

Gibson County – Indiana State Police arrested a 38-year-old Princeton man early this morning after he was rescued from high water.

At approximately 8:50 last night, Gibson County Sheriff’s Department received a 911 call from a person who was stranded in high water somewhere on CR 350 North. Gibson County Sheriff’s Department and Indiana State Police responded to the area to assist in locating the stranded motorist. The search was hindered by high water on CR 350 North and CR 550 West. Officers on scene requested the assistance from the White River/Hazelton Fire Department. While searching on CR 875 West, Troopers Paul Stolz and Brock Buchanan heard a person yelling for help. They were able to determine the stranded motorist was on CR 350 North somewhere between CR 700 West and CR 875 West. The fire department deployed their water rescue hovercraft and eventually found the driver and his passenger approximately one mile west of CR 700 West. The driver and passenger were rescued around midnight. The driver, Garry Jackson, 38, of Princeton, was arrested for criminal recklessness and taken to the Gibson County Jail. Officers also found a glass smoking device with burnt residue inside his vehicle. Jackson’s passenger, Drew Denbo, 19, of Princeton, was cited and released for possessing drug paraphernalia.

Troopers want to remind all motorists the importance of not driving through high water. It only takes six inches of fast moving flood water to knock over an adult. Two feet of rushing water can carry away a vehicle. If you drive to an area that is covered with water, you will not know the depth of the water or the condition of the ground under the water. Don’t risk your life or the lives of your passengers.

Turn Around Don’t Drown.

Rep. Sullivan works for Hoosier motorists

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STATEHOUSE – State Representative Holli Sullivan (R-Evansville) has authored a bill to benefit taxpayers and Hoosier motorists. House Bill (HB) 1362 would extend the amount of time that Indiana is required to reissue license plates. The bill passed unanimously out of the Senate with a 48-1 vote.

 

“I was pleased to see HB 1362 receive such bipartisan support and pass out of the Senate,” said Rep. Sullivan. “This legislation will allow the state to save tax dollars which can then be passed onto consumers.”

 

Currently, license plates must be issued by the state every five years. If enacted, HB 1362 could extend the life cycle of license plates by up to 10 years, which could save the state on average around $10 million per year starting in July 2016.

 

HB 1362 gives the Bureau of Motor Vehicles the ability to set the license plate life cycle at no less than five years, but no more than 10 years. The bill does not change the exemptions for certain plates like municipal or commercial motor vehicles.

 

“With updated technology, license plates are able to withstand more and last longer,” said Rep. Sullivan. “This change would allow Indiana to keep the cost of license plates low while maintaining quality.”

 

HB 1362 now goes to the governor to be signed into law. To learn more about Rep. Sullivan, visitwww.indianahouserepublicans.com.

 

Governor, First Lady to Walk in St. Patrick’s Day Parade Tomorrow

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Indianapolis – Tomorrow, Governor Mike Pence will walk with First Lady Karen Pence in the 35th Annual St. Patrick’s Day Parade in downtown Indianapolis. Details below.

Tuesday, March 17:

11:30 a.m. EDT – Governor Mike Pence and First Lady Karen Pence to walk in 35th Annual St. Patrick’s Day Parade
*Media are welcome to attend.

Catch the Latest Edition of “The Indiana State Police Road Show”

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Catch the latest edition of the “Indiana State Police Road Show” radio program every Monday morning at your convenience.

 

This week’s show features First Sergeant Kyle Hankins, Section Commander of the Indiana State Police Quartermaster Division. F/Sgt. Hankins discusses the ISP Quartermaster services and the preparation of issued items for the upcoming probationary class.

 

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 athttp://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.

 

Students to Make Up Snow Days Virtually

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The EVSC Board of School Trustees tonight approved the state’s Virtual Option as the method for recovering learning time lost for four additional snow days not already included in the school calendar. The vote tonight, came after surveys were presented to parents, teachers, and staff. Parents selected the Virtual Option over all other options by more than 10 percentage points. Nearly 80 percent of those teachers and staff responding to the survey selected the virtual option.
The other options presented included making up the days for four additional days after Memorial Day, which garnered the next highest vote totals; during Spring Break; or on four Saturdays. While the survey was presented both through an audio poll through the EVSC’s family notification system, Connect-ED, and through an online survey – both of the surveys showed virtual as the preferred method.
Each EVSC school will communicate further details with its students and families following Spring Break.
In general, students will be given their lessons on Mondays each week. Students will engage in the virtual lessons throughout the week with support from teachers virtually. The actual make-up day will be counted by the state on the Saturdays of each week, and some schools may determine that they will have the building open for a period of time on those days.
Virtual Lessons Will be Distributed on:

April 6: Lessons will be given to students on April 6, and work will take place after school hours through April 11. Due Date will be Monday, April 13.
April 13: Lessons will be given to students on April 13, and work will take place after school hours through April 18. Due Date will be Monday, April 20.
April 20: Lessons will be given to students on April 20, and work will take place after school hours through April 25. Due Date will be Monday, April 27.
April 27: Lessons will be given to students on April 27, and work will take place after school hours through May 2. Due date will be Monday, May 4.
May 4: (McGary only) – Lessons will be given to students on Monday, May 4, and work will take place after school hours through May 9. Due date will be Monday, May 11.

During the “virtual” education time, the state requires that students engage in the lessons given to them by their teachers, just as they would on a normal school day – except that all or parts of the work involves accessing online learning systems or other Internet-related resources, as dictated by their teachers. Students will be able to interact with their teachers, through a variety of options such as using their Learning Management System, via email, telephone, Skype, Google Chat, etc. — however the teacher tells students will be the best way to reach him/her during the pre-determined learning time.
Options for how students do the work virtually have been provided so that families can select what is best for their child’s needs. Students may do the work on their own time, with their device and Internet at home or other locations. Or, students can make use of times the school building is open before and after school, and receive teacher support in those pre-determined times. Many of EVSC’s community partners have also offered their facilities WIFI and devices for student use.
Below is a partial list of EVSC’s community partners who have offered their facilities so that students can have access to computers and Internet. There are other partners that may be specific to certain schools not listed.
· The Boys and Girls Club
· The Dream Center
· Evansville Vanderburgh Public Library (all branches)
· YMCA
· Carver Community Center – Available Monday-Friday
· Local churches
“We know this is not the easiest way for teachers and staff to make up these snow days – but we believe it will be the most beneficial to benefit students’ as they move forward toward the end of the school year,” said Superintendent David Smith. “We wanted to maximize the learning opportunities for our children, and while adding on to the end of the year after Memorial Day would certainly be easier – we know that there is not much real learning that takes place after Memorial Day.”

March Madness at the Indiana Statehouse

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For many Hoosiers, the beginning of spring signifies much more than just warmer weather; it is a time filled with excitement and anticipation for sports fans who eagerly await March Madness. While the real action takes place on the basketball court, I like to think that we, as legislators, are also in the midst of our own form of “madness” at the Statehouse. With only six weeks left in the 2015 legislative session, things are really starting to heat up.

You see, filling out a bracket for the NCAA tournament is somewhat like the legislative process. It starts with many teams, but in the end only a select few make it to the finals. During the first half of this legislative session, 669 House bills were filed. However, of those, only 174 were passed through the House and continued over to the Senate.

Several significant pieces of legislation have already passed through the House, including legislation to promote public safety across Indiana cities and towns. By now, you might be familiar with the statistic of over 1,700 victims of domestic violence being denied shelter between June 2013 and July 2014 all because programs were over capacity.

Every community is impacted by domestic violence, so we knew it would take a dramatic effort to start to reverse its ill effects. That is why I voted for legislation that would double funding for domestic violence prevention and treatment programs for Hoosiers, increasing our previous investment of $2.5 million to $5 million. It is essential that not only are these resources available, but that they are also being managed in the most efficient and effective way possible to ensure the greatest relief.

Another piece of legislation, which I look forward to continued discussion on, is a bill I sponsored to reduce conflicts of interest in coroner cases. As we seek to strengthen and clarify ethics laws in the Legislature, we are attempting to do the same outside the Statehouse as well. Senate Bill (SB) 10 arose after a coroner in south central Indiana knowingly worked on a case involving his own nephew.

As a former coroner myself, I support this legislation as a way of increasing public trust in these local officials. Under SB 10, if a coroner believes that they have a conflict of interest, they would be required to enlist the services of a coroner in a neighboring county. That coroner would then be reimbursed for their services by the county in which the conflict of interest exists.

In addition to these bills, we are still actively working to perfect our state’s budget, which funds strategic priorities to propel Indiana forward. While we look to make historic investments in areas such as education, we must also hold firm to our unwavering and proven commitment to fiscal integrity. We are currently awaiting the final revenue forecast in mid-April which will help us to put the finishing touches on what I believe is a conservative approach to budgeting that will protect Hoosier taxpayers for generations to come.

Just like you review a team’s record and a variety of other factors when making selections in your NCAA bracket, we also take many things into consideration when deciding on legislation. One major piece of this is constituent feedback. To secure your spot in the game, please contact me by phone at 317-232-9833 or by email at h75@in.gov.

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