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Dr. Bucshon’s Applauds Bipartisan Medicare Fix

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(WASHINGTON, DC) – On Thursday, the House approved H.R. 2, the Medicare Access and CHIP Reauthorization Act. H.R. 2 replaces Medicare’s flawed physician payment formula, the Sustainable Growth Rate (SGR) with bipartisan, bicameral reforms that help protect the Medicare promise. This unprecedented effort removes the imminent threat of draconian cuts to Medicare providers and moves Medicare away from a volume-based system towards one that rewards value, improving the quality of care for seniors.

 

Congressman Larry Bucshon, M.D. (IN-08) released the following statement regarding passage of H.R. 2:

 

“Today’s vote was an unprecedented victory for America’s seniors, children, and their families.  After years of flawed Medicare policy, we are finally creating a stable system that ensures Medicare patients will have access to their doctors while protecting the Medicare promise for future generations. Gone are the days of uncertainty for physicians and their patients. With this bipartisan compromise we’ve demonstrated how Washington, D.C. can work together to improve the lives of the American people.

 

“As one of a small number of physicians in Congress, I’m happy to have played a part in putting an end to this flawed policy.  In addition, I was able to work with my democratic colleague and fellow physician Rep. Ami Bera (D-CA) to include a provision that eliminated a CMS policy that would have resulted in a dramatic increase in the out-of-pocket costs for seniors. I’m proud of our bipartisan work on this important issue and I thank my colleagues for joining with us to get this done.

 

“I congratulate Speaker Boehner, Minority Leader Pelosi, Chairman Upton, Ranking Member Pallone, and Chairman Pitts for all their commitment to ending SGR.” 

 

Energy and Commerce Committee Chairman Fred Upton (R-MI) highlighted Dr. Bucshon’s work on H.R. 2 stating:

 

“We are saying goodbye to the SGR thanks, in large part, to the diligent efforts of Dr. Bucshon and his physician colleagues in the Doctor’s Caucus. They know better than anyone the importance of eliminating this repeated threat and establishing a fair and stable system for Medicare payments. We can all be proud of the bipartisan effort by the House today.” 

 

H.R. 2 passed with a strong bipartisan vote of 392 to 37. A section by section analysis of the bill is available here.

 

On Wednesday, Dr. Bucshon and Rep. Ami Bera, M.D. (D-CA) authored an op-ed in The Hill offering a physician’s perspective on the importance of H.R. 2. The physician lawmakers wrote: “We know what it’s really like in the exam room, and the real consequences that inadequate and uncertain Medicare payments have on patient care. Our seniors and their physicians should not have to continue to bear the consequences of Congress’ failure to fix a problem Congress created. This time we can’t let politics get in the way of progress. With 49 million patients enrolled in Medicare and another 10,000 baby-boomers aging in each day, we have a responsibility to seize this historic occasion to pass a bipartisan SGR repeal and to right the Medicare system once and for all.”

 

BACKGROUND:

The SGR formula was passed by Congress and signed into law by President Clinton in 1997 to control Medicare spending. The flawed Medicare formula has proven over time to be ineffective and put seniors’ access to physicians at risk. The SGR policy flaws have compelled Congress to override the formula-driven cuts for more than a decade.  In fact, since 2003, Congress has spent nearly $170 billion in short-term patches to avoid these unsustainable cuts.  The most recent patch will expire on March 31, 2015.  H.R. 2 repeals the SGR, averting a 21 percent SGR-induced cut scheduled for April 1, 2015.

 

Congressman Larry Bucshon, a physician from Southern Indiana, is serving his third term in the U.S. House of Representatives. In the 114th Congress, Bucshon will serve on the influential House Committee on Energy and Commerce.  The 8th District of Indiana includes all or parts of Clay, Crawford, Daviess, Dubois, Gibson, Greene, Knox, Martin, Owen, Parke, Perry, Pike, Posey, Spencer, Sullivan, Vanderburgh, Vermillion, Vigo, and Warrick counties.

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 Thursday, March 26, 2015

Tiffany Blowers          Battery with Moderate Bodily Injury-Level 6 Felonies (Two Counts)

Eric Hannah                 Operating a Motor Vehicle after Forfeiture of License for Life-Level 5 Felony
Possession of a Narcotic Drug-Level 6 Felony
Legend Drug Deception-Level 6 Felony
Possession of Paraphernalia-Class A Misdemeanor
Possession of a Controlled Substance-Class A Misdemeanor
Resisting Law Enforcement-Class A Misdemeanor
Possession of Marijuana-Class B Misdemeanor
Operating a Vehicle While Intoxicated-Class C Misdemeanor

Rhonda Oswald              Battery Against a Public Safety Official-Level 5 Felonies (Two Counts)
Resisting Law Enforcement-Class A Misdemeanor
Criminal Trespass-Class A Misdemeanor

Mark Horton          Possession of Methamphetamine-Level 6 Felony
Possession of Paraphernalia-Class A Misdemeanor

Eric Shaffer                 Burglary-Level 4 Felony
Battery by Bodily Waste-Level 5 Felony
Escape-Level 5 Felony
Operating a Motor Vehicle after Forfeiture of License for Life-Level 5 Felony
Auto Theft-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor (Two Counts)
Theft-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

COA splits over jury instruction, affirms conviction

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Marilyn Odendahl for www.theindianalawyer.com

Although the Indiana Court of Appeals split over whether the jury instruction was erroneous, the panel was unanimous in upholding the defendant’s conviction for theft from Walmart.

Jimmy Wallen, Jr. was charged and convicted of theft, a Class D felony, after he and Athena Dulin, his girlfriend, were observed shoplifting electronics and clothing from Walmart.

He appealed, arguing the jury instruction impermissibly highlights specific evidence and presumes the state has proven each element of the alleged crime.

The majority on the Court of Appeals panel agreed.

“In particular, we find that the instruction is erroneous because it does not afford the jury an opportunity to determine whether the evidence revealing that merchandise was concealed in Dulin’s purse is proof that Wallen intended to deprive Walmart of its value or that he exerted unauthorized control over the property; instead, it prompts the jury to reach such a conclusion,” Judge Patricia Riley wrote in Jimmy Wallen Jr. v. State of Indiana, 79A02-1407-CR-469.

However, Judge John Baker dissented over the question of the jury instruction. He had a different interpretation of Matney v. State, 681 N.E.2d 1152, 1153 (Ind. Ct. App. 1997) reh’g denied; trans. denied, which the majority relied on to reach its conclusion.

Baker maintained unlike Matney, the jury in Wallen was not instructed that evidence of concealment plus removal constitutes prima facie evidence but rather just evidence of intent to deprive.

“In my view, there is a marked distinction between ‘prima facie evidence,’ which necessarily implies a presumption, and ‘evidence’ alone, which merely informs the jury of what facts may constitute evidence of intent,” Baker wrote.

Still the panel unanimously agreed there was overwhelming evidence from which the jury could have independently concluded that Wallen was taking items illegally from the store.

1st Ward City Council Candidate Tom Bozikis Speaks Out On Civic Virtures

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Dear CCO Readers

Historically speaking virtue has been linked with personal integrity, honesty, and trust.  A person’s actions must match their speech.  It seems that society has made a determination that personal accountability doesn’t matter as long as a person’s politics matches a particular political bias, and so we sacrifice virtue for expediency.

I don’t believe that personal virtue can or should be separated from, “civic virtue.”  If a public figure can be unvirtuous in their private life, what makes us think that they won’t be ingenuous and unvirtuous in their public persona?  We have to ask ourselves what is that kind of virtue that makes for a good public servant?

First, I don’t use the term servant lightly. According to Jesus, when his disciples were discussing whom would be the “greatest” in the Kingdom, Jesus said that whoever would be the greatest among them, must be the servant of all. He also explained that those in authority were not to, “lord it over” those whom they were to serve.

Second, a virtuous person is humble.  It is especially difficult for those of us in the public arena to express humility, and if we’re not careful, events have a way of humbling us.

Finally, virtuous people show integrity.We don’t always do things right, and so when that’s revealed to us, we should be quick to acknowledge our error, and be quick to apologize. We need to take steps not to repeat the offense, but take those steps in humbleness and sincerity. According to 2 Peter 1:5 – 7 “5 For this very reason make every effort to supplement your faith with virtue, and virtue with knowledge,

6 and knowledge with self-control, and self-control with steadfastness, and steadfastness with godliness,

7 and godliness with brotherly affection, and brotherly affection with love.

Sincerely,

Tom Bozikis

1st Ward City Council Candidate

Wanted Felon Captured after Vehicle Pursuit and Foot Chase

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

On Thursday, March 26, 2015 the Vanderburgh County Sheriff’s Office and the Evansville Police Department arrested a wanted felon after a vehicle pursuit and subsequent foot chase.At 6:18pm a sheriff’s deputy attempted to arrest Mr. Joshua Lawrence Gahagan on an outstanding felony warrant while he was stopped at the Always’s Open convenience store located at 3025 North Saint Joseph Ave. Upon being asked to exit his vehicle, Mr. Gahagan placed his white Cadillac DeVille into gear and fled from the parking lot. Mr. Gahahan drove east on Mill Road with the Sheriff’s Office in pursuit. The pursuit ended at W. Franklin Street and N. 3rd Avenue when Mr. Gahagan stopped his vehicle in the middle of the road and fled on foot. Several deputies and Evansville Police officers gave chase. An Evansville Police officer discharged his taser, which stopped Mr. Gahahan’s continued flight.

The Sheriff’s Office took custody of Mr. Gahagan and transported him to the Vanderburgh County Jail.

ARRESTED:

Joshua Lawrence Gahagan (pictured above), 31, of Evansville. Failure to Appear on charges of Possession of Methamphetamine, Resisting Law Enforcement as a Level 6 Felony, Resisting Law Enforcement as a Class A Misdemeanor, Reckless Driving as a Class B Misdemeanor

 

 

 

 

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.

http://www.vanderburghsheriff.com/recent-booking-records.aspx

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.

EPD Activity Report

Dispute over beach ownership heading back to trial court

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Marilyn Odendahl for www.theindianalawyer.com

Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.

The Indiana Court of Appeals overturned an order for summary judgment in LBLHA, LLC, Margaret L. West, and Don H. Gunderson v. Town of Long Beach, Indiana, Alliance for the Great Lakes and Save the Dunes, Long Beach Community Alliance, Patrick Cannon, et al., 46A05-1404-PL-146. The unanimous panel found the LaPorte Circuit Court had improperly granted summary judgment to the town.

Lakefront property owners filed a complaint against Long Beach after the municipality adopted a resolution in 2012 which set the boundary between the public and private beach. The landowners charged the town was unlawfully claiming rights to the lakefront.

After a hearing on pending motions, the trial court entered summary judgment in favor of the town. The court ruled the town’s resolution does not constitute a taking. Instead, the court found the matter of ownership is a pure question of law and more properly dealt with by the Indiana General Assembly or an appellate court with the state of Indiana as a party.

Lakefront owners responded by filing a motion for leave to file an amended complaint in order to add the state of Indiana as a defendant. The chronological case summary does not show the trial court having ruled on the motion but the property owners did appeal.

The Court of Appeals said the issue was whether the state should have been added or joined as a party to the proceedings under Indiana Trial Rule 19 prior to the rulings on the claims of the owners.

“… the trial court did not determine the ownership rights of the Lakefront Owners or public rights to the beach area at issue and thus did not rule on the substantive allegations set forth under Count I of the Lakefront Owners’ complaint,” Judge Elaine Brown wrote. “While the trial court stated that it did not reach that determination because it had determined there was no taking, we observe that the Town did not establish that the Lakefront Owners are precluded from requesting the court to determine their relative property rights notwithstanding whether the designated evidence may or may not establish as a matter of law that there was not an impermissible taking.”

Consequently, the Court of Appeals concluded the trial court should have joined the state as a party to the proceedings. Indeed, the panel noted even the town and the intervening defendants, Alliance for the Great Lakes and Save the Dunes, asserted the owners’ claims are actually against the state.

Yet, the court maintained that adding the state as a defendant does not mean the property owners have no separate claim against the town. The 2012 resolution is a policy for enforcement of the town’s public property ordinances in the disputed area, the appeals court held, and the owners are objecting to the town’s ordinances.
The Court of Appeals remanded for further proceedings with the state of Indiana to be added as a party.

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 Wednesday, March 25, 2015

Lajerald Carr                   Maintaining a Common Nuisance-Level 6 Felony

Possession of Marijuana-Class B Misdemeanor

Edward Duckworth       Dealing in Methamphetamine-Level 2 Felony

Possession of Marijuana-Class B Misdemeanor

Geoffrey Finn                 Operating a Motor Vehicle after Forfeiture of License for Life-Level 5 Felony

Jeffrey Martin                Possession of Methamphetamine-Level 5 Felony

Resisting Law Enforcement-Level 6 Felony

Legend Drug Deception-Level 6 Felony

Obstruction of Justice-Level 6 Felony

James Webster     Operating a Motor Vehicle after Forfeiture of License for Life-Level 5 Felony

Krishawn Harvey Operating a Motor Vehicle after Forfeiture of License for Life-Level 5 Felony

Omar Leyva                  Dealing in Methamphetamine-Level 2 Felony

Possession of Marijuana-Class B Misdemeanor

Michele Miller           Theft-Level 6 Felony

Daniel Motteler            Operating a Motor Vehicle after Forfeiture of License for Life-Level 5 Felony

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