SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
EPD Activity Report
Driver Arrested for Driving Under the Influence of Marijuana
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Indiana State Police arrested an 18-year-old Indianapolis man yesterday for driving under the influence of marijuana on US 41 near Patoka.
Trooper Nick Hatfield was patrolling US 41 near Patoka yesterday afternoon at approximately 4:00 when he stopped the driver of a maroon Oldsmobile mini-van for speeding near the 35 mile-marker. The vehicle was clocked by radar at 72 in a 60 mph zone. When Hatfield approached the vehicle a strong odor of marijuana was detected. The driver was identified as James Young, 18, of Indianapolis. A search of the vehicle revealed over 20 grams of marijuana and a glass smoking pipe. Young was taken to Gibson General Hospital in Princeton where further investigation revealed he was under the influence of marijuana. Young was taken to the Gibson County Jail where he is currently being held on bond. Two passengers in the van were cited for possession of marijuana and released.
Arrested and Charges:
- James Young, 18, Indianapolis, IN
- Driving While Intoxicated (Marijuana), Class C Misdemeanor
- Possession of Marijuana, Class B Misdemeanor
VANDERBURGH COUNTY FELONY CHARGES
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, February 26, 2015
Kassie Fields                  Battery by Means of a Deadly Weapon-Level 5 Felony
Nicholas Chaffin         Possession of Methamphetamine-Level 6 Felony
Possession of Synthetic Drug or Synthetic Drug Lookalike Substance-Class A
Misdemeanor
False Informing-Class B Misdemeanor
Aaron OBrian            Possession of Methamphetamine-Level 6 Felony
Possession of Synthetic Drug or Synthetic Drug Lookalike Substance-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
Governor Pence Statement Regarding Passing of Rev. Theodore M. Hesburgh
Indianapolis – Governor Mike Pence today issued the following statement upon learning of the passing of the Rev. Theodore Hesburgh, who served as the 15th President of the University of Notre Dame from 1952 to 1987.
“Indiana has lost a man of unwavering faith, profound vision and monumental virtue in the passing of Father Theodore Hesburgh. An advocate for human and civil rights, education opportunity, and diplomacy both here and abroad, Father Hesburgh’s accomplished life epitomized servant leadership and made a critical impact in advancing and bettering our world. His legacy will endure always and, without doubt, will continue to inspire individuals across the world to pursue a life of peace and justice. The First Lady and I extend our deepest condolences to his family, the University of Notre Dame community, and all who knew and loved this exceptional Hoosier leader.â€
Governor Pence Statement on Passing of Former Indiana State Senator Sue Landske
Indianapolis – Governor Mike Pence today issued the following statement upon learning of the passing of former Indiana State Senator Sue Landske.
“I was deeply saddened to learn of the passing of former Indiana State Senator Sue Landske. A true public servant in every way, Sue focused on serving others—from her service in the military to that on behalf of Hoosiers in northwest Indiana in both local and state government. For three decades, she served tirelessly and selflessly in the Indiana General Assembly, helping to advance education opportunities for women and veterans and leading by example through a variety of roles including as assistant Senate president. The First Lady and I offer our thoughts and prayers to Sue’s beloved family, friends and the countless Hoosiers impacted by her work.â€
Indiana High School and College Students are Eligible to Win $5,000 in Social Media Contest
During the month of April, Indiana high school and college students can put their social media skills to good use for a chance to win a $5,000 scholarship toward their college education or any secondary schooling. Last year, we granted $85,000 to student award winners!
Texting and driving is against the law in Indiana—but, it’s still happening. The use of cell phones is constant in today’s society, especially with young drivers. 71% of teens and young people say they have sent a text while driving and 78% say they have read a text while driving (National Highway Traffic Safety Administration).Because of these alarming statistics, five state agencies have joined efforts to help raise awareness of the dangers of texting and driving by sponsoring the Drive Now. TXT L8R social media contest. With your help, we hope to spread the word about this contest to students across the state.
Please share Lt. Governor Sue Ellspermann’s message to young Hoosiers about the Drive Now. TXT L8R contest with anyone you know currently in highschool, college or other secondary education institution. Â
 Visit www.txtl8r.in.gov for more information about the contest, including rules, FAQs and a link to the registration page. You can also download our campaign logo and fliers from this website to send to anyone you think might benefit from a $5,000 of education assistance. Students have until April 10 to register for the social media contest.
Thank you for helping us spread the word about this campaign and contest. We look forward to viewing the entries in early May and honoring the winners and their schools during a ceremony at the Statehouse in June.Â
Dr. Bucshon Thanks HHS Secretary for HIP 2.0 Approval
(WASHINGTON, DC) – Eighth District Congressman, Larry Bucshon, M.D., thanked Health and Human Services (HHS) Secretary Sylvia Burwell for working with Governor Mike Pence to approve Indiana’s state-based, consumer-driven Medicaid replacement program, Healthy Indiana Plan (HIP) 2.0.
The transcript of Dr. Bucshon’s remarks is available below and video is available online here.
“I want to thank you for working with Governor Mike Pence of Indiana on Healthy Indiana Plan 2.0.
“[HIP 2.0] will help to cover 350,000 low-income Hoosiers in a state-based program that, I think, has been shown historically to not only save money, but is very popular with the enrollees.
“So thank you very much for that work.â€
Congressman Larry Bucshon, a physician from Southern Indiana, is serving his third term in the U.S. House of Representatives. In the 114thCongress, 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.
Because enhancement vacatur altered sentence, COA vacates plea agreement
Jennifer Nelson for www.theindianalawyer.com
Because removing a defendant’s habitual offender enhancement altered the sentence the parties had bargained for, the Indiana Court of Appeals ordered the trial court to vacate the entire plea agreement.
The state appealed the Floyd Circuit Court’s decision to grant John J. Arnold’s request to vacate his habitual offender enhancement after he entered into a plea agreement to three counts of Class C felony criminal recklessness as well as the habitual offender enhancement. He agreed to concurrent sentences of eight years on the felony counts and a sentence enhancement of 12 years for being a habitual offender. The enhancement was attached to all three convictions.
Arnold was charged with Class A felony and other counts related to an incident in 2012 in which he drove his truck and hit or ran over three people and then fled the scene.
Shortly after he was sentenced, one of the felonies that served as a basis to enhance his sentence was vacated. Arnold then filed to set aside the habitual offender enhancement. Without this previous conviction, there was not enough to support the habitual offender enhancement. The trial court granted his request, but the state argued on appeal that the entire plea agreement needed to be set aside.
Arnold’s motion to set aside the habitual offender enhancement, while not filed through post-conviction channels, will be treated as a request for post-conviction relief, the COA decided in State of Indiana v. John J. Arnold, 22A05-1408-CR-387.
The vacatur of Arnold’s habitual offender enhancement impermissibly alters the sentence for the conviction to which the enhancement was attached and therefore that conviction must also be vacated, pursuant to Boykin v. State, 702 N.E.2d 1105 (Ind. Ct. App. 1998), Judge Terry Crone wrote. But the plea agreement erroneously attached the enhancement to all three convictions, instead of just one.
Crone pointed out also that the state only agreed to the plea deal once Arnold agreed to accept the sentence enhancement of 12 years. The state said it would not have entered the deal if Arnold would only receive 8 years total for the convictions.
“We cannot say that the State would have entered the agreement without the habitual offender enhancement. We conclude that the habitual offender enhancement cannot be eliminated without frustrating the basic purpose of the contract,†Crone wrote.
The COA affirmed the decision to vacate Arnold’s habitual offender enhancement, reversed its decision to keep the remainder of the plea agreement intact and remanded with instructions to vacate the agreement and its resulting convictions and for further proceedings.