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Service of process fees increase under proposal in Senate

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Dave Stafford for www.theindianalawyer.com

Fees sheriffs collect to serve parties in civil lawsuits would nearly double under a bill that cleared a Senate panel last week.

Senate Bill 217 would raise the service of process fee from $13 to $25 for a party requesting service of a writ, order, process, notice, tax warrant or any other papers to be served by a sheriff or deputy. The bill also would allow collection of an additional $25 fee for post-judgment service.

The bill is supported by the Indiana Sheriffs Association and the Indiana Association of Cities and Towns. It was forwarded out of the Senate Judiciary Committee Jan. 13 on a vote of 7-2. No one spoke in opposition to the bill.

The fee supports the cost of service processing and also funds sheriff’s office pension plans in counties around the state, some of which have unfunded liabilities that otherwise would be picked up by taxpayers, said Indiana Sheriffs Association Executive Director Steve Luce. Increasing the fee would ensure the programs that vary by county are stabilized, he said.

The process of service fee was last increased in 2006.

Warrick School Board Passes Visitor Attendance Policy

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Youth First logo green and blue

Tobacco, Alcohol, Controlled Substances, Disruptive Devices Prohibited

On December 3rd, 2014, the Warrick County School Corporation School Board voted to adopt a Public Attendance policy directing that no tobacco, alcoholic beverages or controlled substances be possessed, consumed, or distributed on any school corporation property or at a school corporation activity for all members of the public.

With the support of Brad Schneider, Superintendent of Warrick County Schools, a task group from the Warrick County Communities That Care Coalition (WCCTCC) began in January 2014 to review school corporation policies related to substance use and anti-social behavior. Several administrators from the school corporation, teachers and students from each high school, along with Warrick County community members met over several months to review these policies.

Their purpose was to review and determine if school policies covered substance use and anti-social behavior issues adequately. It came to the group’s attention that adults were “tailgating” with alcohol at various events on school property and there was not a policy that addressed this issue. Previous policies addressed youth alcohol, tobacco and substance use, but nothing specific to adults. Upon completion of the review, Brad Schneider was presented a written report of the group’s findings and recommendations.

Under the guidance of Jane Wilhelmus, Director of Primary Curriculum, the appropriate steps were taken to write the policy. The policy was extended to include, “behaviors or use of devices than an Administrator determines to be a distraction or disruption to, or interference with, an athletic event, school event, school corporation facilities…” This policy covers anyone who attends or even enters school corporation grounds. Thousands of people each year will be influenced by this policy, as it provides administrators and those in charge the backing of the school corporation with possible consequences.

For the past several years Youth First, Inc., a local non-profit organization devoted to strengthening youth and families, has been coordinating the Warrick County Communities That Care Coalition. The coalition received a five-year Federal Drug Free Community Support Grant in September 2014. This grant will provide additional support for environmental strategies that work toward changing the whole community.

A press conference will take place at the Warrick County School Corporation offices at 300 E. Gum Street, Boonville, IN, Tuesday, January 20th at 9:30 am to announce the approval and implementation of this policy.

About Warrick County School Corporation: The mission of the Warrick County School Corporation is to provide a positive and safe instructional environment which promotes the intellectual, physical, emotional, and social growth of the individual and to encourage each student to become a lifelong learner and contributing member of society. www.warrick.k12.in.us or call 812-897-0400. 

About Warrick County Communities That Care Coalition: The mission of WCCTCC is for Warrick County to be a community of healthy, productive families, free of drug and alcohol abuse, that engage in community and educational activities and present themselves as positive role models, knowing they are people of value and worth. For more information about WCCTCC, please visit www.wcctcc.org or call 812-421-8336 x105. 

About Youth First, Inc: Youth First’s mission is to strengthen youth and families through evidence-based programs that prevent substance abuse, promote healthy behaviors, and maximize student success. For more information about Youth First, please visit www.youthfirstinc.org or call 812-421-8336. 

IS IT TRUE January 20, 2015

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IS IT TRUE in yet another incident that involves gunfire in Evansville, someone fired a shot or two inside the C. K. Newsome Center where just last week Gail Riecken announced her candidacy for Mayor of Evansville?…there is no denying the proximity to the core of downtown Evansville with this weapons discharge as the Newsome Center shares a parking lot with the building formerly known as The Centre?…we wonder what the OK Corral at the back of the parking lot will do to the value of the naming rights as they certainly have not been paid for yet?…Old National Bank better do right by their shareholders and regulators and get a new appraisal of those naming rights done before settling on a price?…ONB is a lock to save a few bucks with gunfire happening on the Back 40 as city employees call it?

IS IT TRUE that the newest thing down at the Owen Block Building is that shiny new fence that is there to keep parts from falling off and hitting people, cars, or both?…fencing has been in the news lately whether it is a theft ring fencing equipment to some thrifty shoppers in the Union County government or Mayor Winnecke’s public consideration to put a fence around the former Miller Plating lot to keep kids and dogs from wandering into the toxic waste?…Evansville may be becoming the fence capital of America which could aid the Convention and Visitors Bureau in bringing a fence builders convention to town with or without a downtown hotel?…in all seriousness, if we are to fence every toxic site within the City of Evansville there had better be a big budget for fencing because something on the order of 10,000 properties have been designated as in need of mitigation of toxic soils?

IS IT TRUE the State of West Virginia was recently singled out as being the first state in the United States to have less than 50% of the working age adults without a paying job?…this is an alarming statistic which has been the trend for the last 10 years with more and more people finding ways to get by other than working for a living?…the highest rate of employment is in North Dakota with nearly 70% of the working age population on some job?…Indiana checks in at 60% with the nation as a whole having a 62% participation rate in the labor force?…that is down from what was a stable participation rate of 67% back before the Great Recession forced people to learn how to survive without a job?

IS IT TRUE the University of Evansville Aces are having a rare successful year on the basketball court sporting a 13-5 record in mid January?…a 20+ win season with a post season appearance is looking achievable?…that aside, the Aces did get thumped badly by 13th ranked Wichita State in front of 7,000 fans at the Ford Center, showing them that they are not quite ready for prime time yet?…the trend is upward though and the CCO encourages our readers to get out and support the Aces as they enter the second half of the season hoping for a record number of wins since the turn of the century?

IS IT TRUE that President Obama will be delivering the State of the Union address tonight and the trial balloons being floated are all pointing to a raise in taxes on capital gains and dividend income?…this is consistent with the redistribution theme that President Obama has been pushing since he first announced his intention to run for president?…it is well known that wages and capital have been taxed differently in these United States for some time and the current demand for equality seems to support taxing earnings from work and earnings from investment equally?…the expected proposal does not do that, but it does get closer?…the thing that people seem to be missing is that there is one fundamental difference in labor and capital?…that difference is that capital can vanish from our borders with the push of a button and labor cannot?

IS IT TRUE raising the taxes on capital gains and dividends will necessarily raise the risk that some capital will be deployed away from our shores just as many companies have merged with offshore businesses to avoid US taxes on corporate earnings which are the highest in the industrialized world?…another unintended consequence will be a proportional decline in the value of dividend stocks and stocks in general as the new tax rates are incorporated into the investment algorithms of wealthy decision makers?…if this move will really save America’s middle class, it is probably worth doing, but the reality is that it will make little difference?…the new law if it should pass will tax the 0.1% about $400 Billion to provide a $160 Billion entitlement to the middle class with the government’s inefficiencies eating up the difference?…it will be interesting to see this play out as this is most likely nothing more than a plank in the 2016 election platform that will never make it out of the House of Representatives?

IS IT TRUE It’s hard to believe today is the 27 year anniversary that Annie Groves has been working at the Vanderburgh County Coroner’s Office?  …that Vanderburgh County Coroner Annie Groves has done an outstanding job serving the public at the Corner’s office over the last 27 years?  …the City County Observer congratulates Coroner Groves for a job well done?

Please take time and vote in todays “Readers Poll”.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

EPD Activity Report January 19, 2015

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

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.

House Page Program now accepting applications

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The legislative session has officially begun, which is always an exciting time of the year. One of my 2015 New Year’s resolutions is to keep you more informed about what is happening at the Statehouse. That is why, I wanted to provide you with some information about a great opportunity for students to get involved this session, which is the House Page Program.

This program is a great way for students to learn the ins-and-outs of state government while having the opportunity to meet with various elected officials. Since students are already taking classes on government, this program offers a unique, behind-the-scenes perspective to supplement what they are learning.

While paging, not only are students able to observe the incredible architecture at the Statehouse, but they are also able to tour locations like the governor’s office, the House Chamber, which is where I work, and the Indiana Supreme Court to list a few. Pages are also able to watch floor sessions, listen to committee hearings and even help out the Statehouse staff.

I am Second Hosts Live Event to Share the Movement’s

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Community Impact

I am Second Live to feature Eric Metaxas, Danny Gokey, and local personalities, raise funds for Community One and Evansville YMCA

EVANSVILLE– Local organizers of I am Second, a movement centered on storytelling through powerful short films with a significant message, will host I am Second Live on Thursday, February 26 at 7:00pm at the Victory Theatre in downtown Evansville to showcase the impact of the I am Second movement in Evansville and around the world and raise funds for local non-profits.

Hosted by New York Times No. 1 bestselling author Eric Metaxas, the event will feature American Idol alum Danny Gokey, who will perform and speak about his personal experience with city transformation in Nashville through his non-profit, Sophia’s Heart, as it relates to the impact I am Second is having on Evansville; local musicians Gina Moore and After Hours; and individuals who have shared their personal stories through films on iamsecond.com, including television personality Randy Moore and hip-hop artist Sean Little.

Additionally, Lindsay Schroer, wife of Evansville Police Detective Nathan Schroer who lost a nine-year battle with leukemia in November 2013 shortly after filming his story with I am Second, will also attend.

“The I am Second message is counterculture in our society where most seek to be first,” said Marie Harris, I am Second’s local coordinator in Evansville. “Through I am Second Evansville, we seek to bring powerful

messages of hope to our hurting neighbors. I am Second Live is an opportunity to share the tremendous community impact this movement has made over the last four years.”

A recent survey of men and women across 19 counties in the Tri-State completed by KES Research Group validates the positive impact of I am Second on the community: 72 percent said they had a positive life change including improved life management abilities, relationships, work/school efforts and health choices because of I am Second while 73 percent have experienced spiritual life changes.

I am Second was created in 2008 and first launched in Dallas, Texas. After an overwhelming response, I am Second expanded its grassroots efforts to additional markets. Evansville became the third official launch city in January 2011 with the release of the iamsecond.com short film featuring Moore. Since this time, I am Second Evansville has continued to grow in influence and size, releasing additional films highlighting local individuals.

“We are very encouraged by the results of this survey, which prove that I am Second is making a difference in Evansville,” Harris said. “I am Second Live offers an opportunity to celebrate what we have accomplished as well as what is to come.”

I am Second Live will be held Feb. 26 at 7 p.m. at the historic Victory Theatre. Organizers will donate the first $20,000 raised during the event to Community One and the Evansville YMCA. Additional proceeds from the event will benefit future I am Second Evansville films and activities. Tickets may be purchased online at http://www.victorytheatre.com/events/view/1328 or at the Ford Center Ticket Office by calling (812) 422- 1515.

I am Second, a non-profit launched in 2008, features more than 100 films of athletes, actors, models, musicians, politicians and everyday people who have stepped in front of the camera and declared, “I am Second.” Previously released films have featured “The Bachelor” Sean Lowe, four generations of the Duck Dynasty family, Korn band member Brian “Head” Welch and surfer Bethany Hamilton. The website iamsecond.com and its Spanish counterpart yosoysegundo.com feature stories of hope and transformation.

Tickets to see I am Second Live at Victory Theatre on Thursday, February 26 at 7:00pm are available now at Ford Center Ticket Office, Ticketmaster.com or by phone at 800-745-3000.

MEDICARE SEMINAR  SET FOR TUESDAY, JANUARY 20TH 

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St. Mary’s Senior Connection will hold a Welcome to Medicare seminar Tuesday, January 20 at 4:00 p.m. at 951 S. Hebron Ave., Suite C (between Bellemeade and Washington Ave.) adjacent to the Senior Connection Office.

When individuals and their families are new to the federal Medicare program, it can be confusing and frustrating at first glance. This program will help you better understand the many different parts of Medicare and what your options are when you enroll.

This is an informational program only. No specific plans or companies will be discussed. The seminar will be presented by Gina Downs, Director of St. Mary’s Senior Connection. It is free but registration is required. Call St. Mary’s Senior Connection at 812-473-7271 or toll free at 800-258-7610 for reservations and directions.

Justices toss attempted murder conviction due to jury instruction

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Dave stafford for www.theindianalawyer.com

An Anderson gang member convicted of attempted murder will get a new trial after the Indiana Supreme Court vacated the judgment because jurors received erroneous instructions.

Ruben Rosales was 18 and a member of the Latin Kings gang when a teen from a rival gang, Sergio Torres, harassed and threatened his girlfriend and vandalized her house. Rosales and another man confronted Torres in an alley where he was severely beaten. Witnesses said they saw two men leaving the alley, including one matching Rosales’ description carrying a metal baseball bat.

Rosales also told his aunt he needed to travel to Chicago to avoid “anymore trouble,” but when she found out about the attack, she called police who arrested Rosales at a bus station.

“On appeal, Rosales argues that the trial court committed fundamental error by giving an instruction permitting the jury to convict him of attempted murder as an accomplice without the specific intent to kill,” Justice Steven David wrote for the court. “Our careful review of our case law leads us to conclude that under the circumstances of this case Rosales is correct.”

David wrote the error was compounded in closing arguments, “when the State repeatedly insisted that specific intent to kill was not required for accomplice liability to attempted murder.”

Rosales was found guilty of Class A felony attempted murder and Class D felony criminal gang participation, and Madison Circuit Judge Thomas Newman Jr. sentenced him to an aggregate 50 years in the Department of Correction.

A divided Court of Appeals previously affirmed the conviction, with the majority finding the error harmless. Justices sided with appellate Judge Terry Crone’s dissent in that case.

“To be sure, there were also ample reasons for the jury to conclude that Rosales attacked Torres with the specific intent to kill him, so if the State had not repeatedly misstated the law we likely would have found an insufficient likelihood of prejudice to Rosales from the instruction,” David wrote. “But the State’s repeated insistence that Rosales’s specific intent to kill did not matter, coupled with the inaccurate jury instruction on accomplice liability, is enough to make a fair trial impossible and constitute fundamental error. We therefore reverse Rosales’s conviction for attempted murder and remand this case to the trial court for a new trial.

“Nevertheless, going forward, when an individual is tried for attempted murder as an accomplice, we recommend that Pattern Jury Instruction 2.11(a) be given. This instruction — titled “Aiding, Inducing or Causing Attempted Murder” — instructs the jury, among other things, that the State must prove beyond a reasonable doubt that the defendant acted with the specific intent to kill when he or she knowingly or intentionally aided, induced, or caused another person to engage in conduct constituting a substantial step toward attempting to murder another person. Consistent with our case law, this instruction informs the jury of the State’s burden to prove beyond a reasonable doubt all the elements of attempted murder under an accomplice liability theory — especially the defendant’s specific intent to kill — in order to convict the defendant. And when the defendant is tried under both direct and accomplice theories of liability for attempted murder, this instruction becomes crucial to safeguarding against the error we found in this case.”

The case is Ruben Rosales v. State of Indiana, 48S02-1404-CR-297.

IS IT TRUE January 19, 2015

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IS IT TRUE that today is the day that we remember and celebrate the life of Dr. Martin Luther King Jr. for his tireless courage in bringing the civil rights of all Americans to the public eye to push the ball forward so that “one day we may all be judged by the content of our character and not by the color of our skin”?…from great perseverance and a pure vision has come much progress toward this goal pushed forward by the man who made it okay for all of us to “Have a Dream”?

IS IT TRUE this writer will have the honor and privilege today to accept the 2015 “Legacy of Service” award on behalf of the Coachella Valley Economic Partnership (CVEP) from the Black Chamber of Commerce of Palm Springs, California?

IS IT TRUE that pondering on the conundrum of just what to do with the Owen Block Building that is in desperate need of either some very expensive repairs has several people in Evansville stirred up on both sides of the end game for this beautiful historic structure?…the City of Evansville, and particularly DMD Director Kelley Coures is faced with a choice on how to spend $100,000, but not with the choice not to spend this money at all?…this writer wants to emphasize that the City of Evansville WILL BE SPENDING $100,000 on this building whether it is demolished or refurbished by a private contractor after being rescued by the Indiana Historical Landmarks group?…in the vein of the movie “Sophie’s Choice”, we shall christen the forthcoming decision as “Kelley’s Choice”?…some spending has already been done to install the fence that is in place to protect the public from risks to life and limb that are already associated with the Owen Block Building just existing in it’s decaying state?

IS IT TRUE that the easiest thing to do would be for Kelley to make the choice to let the demolition crew take the old girl down as soon as possible at a cost that is estimated at $85,000 and hand the lot over to the maintenance department to care for in perpetuity?…the cost of this will be about $100,000 with the perpetual obligation to maintain this lot at a cost of about $3,000 per year?…the lot will then be off of the tax rolls forever, further eroding the tax base of downtown Evansville?

IS IT TRUE the more difficult decision for Kelley is to take the path offered by a group of concerned citizens who are actively raising about $350,000 to secure the building and stabilize it with the help of the Indiana Historical Landmarks group?…this path, if successful will require the City of Evansville upon completion to spend $100,000 of earmarked dollars on the stabilized building and to sell it to a private developer for a token amount?…that private developer that is rumored to be Architectural Renovators, that has an excellent track record with such projects would then finish the job and return the Owen Block Building to that tax roles and add 16 rental units to the downtown Evansville mix of properties?…the profits (if there are any) on the operation of the building will be taxed and the property taxes on the building estimated at $20,000 per year assuming an assessment of $1 Million, will start to flow into the coffers of local government?

IS IT TRUE that “Kelley’s Choice” simply comes down to a question of HOW ONE IS GOING TO SPEND $100,000?…in case one the $100,000 is assured to be consumed and followed by a perpetual obligation to spend $3,000 per year to maintain the lot forever?…in scenario two the $100,000 of earmarked federal money will buy the City of Evansville an opportunity to leverage private support into a renovated historical building that will be adding to the rental mix and paying $20,000 per year in property taxes?…”Kelley’s Choice” seems to be a simple choice to this writer, who acknowledges a history of exposing public waste and delusion when it come to downtown Evansville projects?…this writer based on the passion, commitment, and the anticipated success of the Owen Block Preservation Group, believes the best decision for “Kelley’s Choice” is to take door number two and choose the path of preservation with essentially ZERO local tax dollars invested?

IS IT TRUE that quite frankly the model being pioneered by this approach is one that can be replicated across the City of Evansville from the Owen Block to the McCurdy, to the Mesker Amphitheatre, to maybe even a downtown hotel?…local citizen involvement has been missing in the past and this dedicated group who started a Facebook site to rescue this building is both the originator and the catalyst to creating hope for the Owen Block Building to be returned to it’s former glory?…government in this case is just playing a bit part as a facilitator with a nominal investment?…this is the way redevelopment is supposed to work and this guy thinks it is marvelous for Evansville to be learning this lesson?

IS IT TRUE this writer also realizes that this opinion may break with the past opinions on other projects that have been in IS IT TRUE and even with some of our most loyal readers?…that aside, this type of approach has worked in other places and will work in Evansville IF AND ONLY IF IT REMAINS GRASS ROOTS DRIVEN BY THE CITIZENS OF EVANSVILLE?…I say congratulations and carry on?

Please take time and vote in todays “Readers Poll”.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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