Jennifer Nelson for www.threindianalawyer.com

The Indiana Supreme Court affirmed a man’s conviction of patronizing a prostitute, with the majority ruling the state rebutted his defense of entrapment by showing there was no police inducement.

Kenneth Griesemer drove by undercover detective Tabatha McLemore as she posed as a prostitute on an Indianapolis street corner. He circled back and stopped his car to ask if she needed a ride. She told him she was trying to make some money. He nodded toward his passenger seat, so she asked how much money he had. He again nodded toward the passenger seat and later said he had $20. She said she could “do head” for that amount, he nodded yes and she told him to drive down the street to pick her up. He was then arrested by police and charged with and convicted of Class A misdemeanor patronizing a prostitute.

A divided Court of Appeals reversed, finding he raised the entrapment defense by showing police inducement.

In Kenneth Griesemer v. State of Indiana, 49S04-1408-CR-564, the majority noted that Griesemer adequately raised the entrapment defense as a police detective was directly involved in the criminal act of patronizing a prostitute. The burden of proving either no police inducement or predisposition to commit the crime then shifted to the state, which presented sufficient evidence for a trier of fact to reasonably determine McLemore’s policing efforts did not produce Griesemer’s criminal conduct, the majority concluded.

“That the crime may be tempting, without more, is not inducement,” Justice Mark Massa wrote. “Indeed if we were to find entrapment on these facts, we would effectively put an end to prostitution stings. We are not willing to so limit the activity of undercover officers to the detriment of safety and quality of life in many neighborhoods.”

Justice Robert Rucker wrote a separate opinion, in which Justice Brent Dickson concurred, addressing the question of whether Griesemer was predisposed to commit the crime, which the majority chose not to address.

Because, he believed, Griesemer clearly established inducement as McLemore was the first to mention performance of a sex act and the first to mention trading a sexual act for money, the state had to show Griesemer’s predisposition to commit the crime.

“Here, my colleagues’ reticence to address the issue speaks loudly and strongly suggests the State did not carry its burden of proving predisposition beyond a reasonable doubt,” Rucker wrote. “In my view the Court of Appeals majority got it exactly right: ‘Because the evidence most favorable to the State permits an inference only that the police induced Griesemer’s criminal behavior, but does not contain any evidence permitting an inference that Griesemer was predisposed to commit patronizing a prostitute, entrapment was established as a matter of law. …’”

The monthly revenue report for February, 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 February revenues can also be found on the MPH website here: http://in.gov/mph/staterevenue.html.

Results include:

• State general fund revenues for February were $745.4 million, which is $1.9 million (0.3%) below the estimate based on the December 18, 2014 revised forecast and $37.0 million (5.2%) above revenue in February 2014.
• Sales tax collections were $535.6 million for February, which is $19.2 million (3.5%) below the monthly estimate and $23.6 million (4.6%) above revenue in February 2014.
• Individual income tax collections totaled $124.1 million for the month, which is $6.6 million (5.1%) below the revised monthly estimate and $3.2 million (2.6%) above revenue in February 2014.
• Corporate tax collections were $7.8 million for the month, which is $20.7 million (159.9%) above the revised monthly estimate.
• Riverboat wagering collections were $33.2 million for February, which is $0.3 million (1.0%) above the revised monthly estimate.
• Racino wagering collections totaled $9.8 million for the month, which is $0.3 million (2.7%) below the revised monthly estimate.

Indianapolis – Governor Mike Pence recently named appointees to multiple boards and commissions.

River Hills Economic Development District and Regional Planning Commission

John Fultz (Washington County), appointed to serve a one-year term through December 31, 2015

 

State Board of Registration for Professional Engineers

Ethan Manning (Miami County), appointed to serve a four-year term through February 28, 2019

 

Indiana Chiropractic Board of Examiners

Michael Phelps (Monroe County), appointed to serve a three-year term through February 28, 2018

 

Indiana Public Retirement System

Jillean Battle, appointed to serve a four-year term through June 30, 2019

 

Indiana Motorsport Commission

Bill Davis (Allen County), appointed to serve a four-year term through February 28, 2019

 

Domestic Violence Prevention and Treatment Council

Jenny Lee (Boone County), appointed to serve a three-year term through June 30, 2018. Ms. Lee was also named as the Presiding Member.

Cassie Martin (Hendricks County), appointed to serve a three-year term through June 30, 2018

Ieta Kimbrough (Marion County), appointed to serve a three-year term through June 30, 2018

Kristen Pulice (Hamilton County), appointed to serve a three-year term through June 30, 2018

James Craig (Marion County), appointed to serve a three-year term through June 30, 2018

Eric Davis (Marion County), appointed to serve a three-year term through June 30, 2018

Edwin Arellano (Hancock County), appointed to serve a three-year term through June 30, 2018

 

Quarter Horse Breed Development Advisory Committee

Michelle Collins (Morgan County), appointed to serve a four-year term through February 28, 2019

Michael Gross (Clay County), reappointed to serve a four-year term through February 28, 2019

Randy Thompson (Boone County), reappointed to serve a four-year term through February 28, 2019

 

Job Creation Committee

Matthew Will (Marion County), appointed to serve the remainder of an unexpired term through August 14, 2017

 

Emergency Medical Services Commission

Matthew McCullough (Vigo County), appointed to serve a four- year term through February 28, 2019

Gordon “Lee” Turpen (Vanderburgh County), reappointed to serve a four-year term through February 28, 2019

Terri Hamilton (Henry County), reappointed to serve a four-year term through February 28, 2019

Sue Dunham (Marion County), reappointed to serve a four-year term through February 28, 2019

 

Board for Proprietary Education

Rod Haywood, Jr. (Hamilton County), appointed to serve the remainder of a four-year term through September 30, 2016

 

Firefighting Personnel Standards and Education Board 

Genois Wilson (Allen County), appointed to serve a four-year term through February 28, 2019

Indianapolis – Governor Mike Pence today announced the State of Indiana is accepting nominations for the 2015 Mr. and Miss Math and Mr. and Miss Science awards. These honors recognize up to four outstanding high school seniors for their exemplary performance in science, math, engineering, and technology (STEM). Winning students receive $1,000 college scholarships through Indiana’s CollegeChoice 529 Direct Savings Plan.

“It is a privilege to continue this tradition of awarding exceptional students with science, math, engineering or technology interests with college scholarships,” said Governor Pence. “As our state continues to grow in life sciences and technological industries, it is important that students recognize these fields as impactful to our state’s future.”

Indiana’s Mr. and Miss Math and Science awards honor the top high school seniors in STEM classes, as well as extracurricular activities, work/research projects, leadership roles, and community service. The nominations will be reviewed by a panel of STEM experts, including teachers, college and university instructors, and staff from the Indiana Department of Education and the Indiana Education Roundtable.

Governor Pence will announce Indiana’s Mr. and Miss Math and Mr. and Miss Science in May. Nominations for the awards can be submitted at https://secure.in.gov/apps/mathscienceawards/. The deadline for nominations is 6 p.m. EDT on April 19, 2015.

Governor Mitch Daniels created the Indiana Mr. and Miss Math and Science awards in 2008. Mr. David Lu Liang of Carmel High School and Miss Sonali Sunil Mali of Avon High School were named Mr. and Miss Science in 2014.