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Appeals court affirms cocaine-dealing conviction

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Dave Stafford for www.theindianalawyer.com

A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.

Jerome Sheckles contested his conviction on a host of grounds, alleging that the trial court violated Criminal Rule 4(C) by denying a speedy trial, improperly denied his motions to identify and confront a confidential informant, and that he was prejudiced by the admission of police video of a controlled drug purchase, among other arguments.

Court of Appeals Judge L. Mark Bailey wrote for the panel that Sheckles had not met his burden of proving error or abuse of discretion by former Clark Circuit Judge Jerome F. Jacobi. Sheckles wasn’t denied a speedy trial because he caused or acquiesced to delays that prevented a trial within a year of being charged, the court held.

“Sheckles was not deprived of his right to a speedy trial under Criminal Rule 4(C). The trial court did not err when it denied Sheckles’ request for disclosure of the confidential informant’s identity,” Bailey wrote in affirming Sheckles’ conviction and 40-year aggregate sentence.

“Sheckles’ confrontation rights were not violated. The trial court did not abuse its discretion when it admitted into evidence the video recording of the controlled buy,” the court concluded in Jerome Sheckles v. State of Indiana, 10A04-1405-CR-204.

IS IT TRUE January 12, 2015

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IS IT TRUE it now really looks as if there will be a strongly contested race for the Mayor of Evansville in 2015, with Gail Riecken carrying the banner for the Democrats and Mayor Winnecke running as the incumbent Republican candidate?…the two topics of recent news, those being the IU Medical Center and the downtown Convention Hotel, neither of which has had a proper groundbreaking or established a funding stream seem to be macroscopic goals that both candidates agree on?…both candidates appear to be poised to “fight like the dickens” over the votes of the people of Evansville, thinking that “fighting like the dickens” to put both of these projects downtown are what the people of this fair city want and are willing to pay for?…while that may or may not be true as many of the CCO’s comment writers have clearly pointed out, what will be of interest in the coming year are the details that the candidates are willing to share on HOW to achieve the objectives?…the hotel in particular is a difficult project to fund as the CCO has opined with the numbers to back it up for 5 years now?

IS IT TRUE any plan to secure a hotel that involves 250 rooms and conventional financing is doomed from the start as the last two city administrations have proven four times?…while the idea to sell the naming rights to the Centre was creative and out of the box, the reality of the value of such rights came up well short of the dreams of $14 Million and has derailed the fourth try at getting a hotel?…the fourth try even blurred the picture by trying to aggregate the hotel into an investment package that included apartments and a parking garage?…as we absolutely know that a parking garage is not even close to a decent investment in a town that a covered space can be had for $50 per month when a break even price for a developer would be $250 per month, it is time for both candidates to own up to the gap in pricing vs. cost to build and kabosh the parking garage?…similarly for apartments, while there is a demand for apartments in downtown Evansville, the price point is not really high enough to make a private investor’s interest pique?…it is time to get back to discussing just what kind of a deal will make a hotel of some sort attractive and forget about apartments, parking garages, parks, storage areas overlooked in the Ford Center design, and additional retail?…has anyone mentioned lately that there are still about 30 empty storefronts on Main Street?…building more retail in such a market is insane so lets just forget about it?

IS IT TRUE that getting back to basics, if we are to pursue a hotel it should be a safe, secure and adequate facility?…it does not have to be 250 rooms to support the kind of conventions that Evansville is likely to attract, but it should be expandable to 250 rooms or even more should some successes be achieved?…the expansion would not likely require a government hand out?…as government handouts go, a medical school SHOULD be sufficiently in need of apartments and a hotel, so if the medical school comes first, all the rest of these playthings will come from private investment, so maybe the whole $71.3 Million debacle getting turned down was a blessing in disguise?…in spite of that it is the opinion of this writer that a 150 room hotel like several on the east side would be possible with private investment, a small direct incentive, and the infrastructure provided by the City of Evansville?

IS IT TRUE it is quite possible that the infrastructure required to support a hotel will be necessary to support a medical school?…that goes double for anyone foolish enough to think hooking a school and a hotel into a condemned sewer is a good idea?…the downtown sewer system needs to be updated before building anything at all and tying into the old system?…how Evansville will be able to satisfy the EPA mandate on our combined sewer overflow problem should well be the most important issue of the upcoming campaign?…if neither candidate can speak with competence on that subject we may need another candidate?…the same goes for honest and open communication about the city’s finances?…Evansville has suspended maintenance on police cars, abolished paying employees for comp time, and pursued handing an unvetted out of town company $20 Million to build things we do not really need?…each candidate should express a clear opinion about these things?

IS IT TRUE that the editor of the Courier & Press was doing his best Rodney King imitation with his “can’t we all just get along” editorial admonishing the City and City Council to work together in a better manner?…the reality is that the City of Evansville has degraded into a place that has all of the negative things associated with big urban areas and few of the advantages?…the other reality is that the Office of the Mayor withheld material information from the City Council with respect to the difficulties in financing the hotel?…this actually caused some council members to believe in the myth and look like fools for supporting this in public?…there are good reasons for the rift between the Mayor and the City Council?…they should work this out, but the first step in that process is for the Mayor to apologize for keeping them in the dark, and for holding theatrical groundbreaking ceremonies for political purposes?…this whole rat’s nest of disingenuous nonsense needs to stop?

IS IT TRUE it has now been 32 months since the US Congress passed the jobs act that President Obama signed that authorized crowdfunding to finance start up companies?…this week was the second anniversary of when crowdfunding was supposed to have launched?…the clowns in Washington are now 24 months late in implementing what was to be an 8 month project?…that is a collosal failure that the mainstream media is giving them all a pass on?…if you know an entrepreneur that cannot find funding for a good idea, point the finger square at the people in the Obama Administration who have failed to do what congress and the president hired them to do?

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.

Police Find Meth Lab while Serving Arrest Warrant in Oakland City

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.

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

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Last night at approximately 8:25, Indiana State Police, Gibson County Sheriff’s Department and Oakland City Police responded to a residence located at 622 Walnut Street in Oakland City to serve an arrest warrant on Megan Mitchell, 20.  She was wanted out of Gibson and Pike Counties for various offenses.  After arriving, one officer went to the rear of the residence and observed a male walking through the backyard.  When the male was ordered to take his hand out of his pocket a knife fell to the ground. He was identified as Christopher Jones, 39, of Petersburg. A further search discovered over two-grams of meth and a syringe in a coat pocket. Jones was arrested and taken to the Gibson County Jail.

 

While officers were outside the residence they detected a strong odor commonly associated with the manufacturing of meth.  A search of the residence revealed a meth lab and drug paraphernalia in the attic.  The homeowner, Darrell Mitchell, 49, was arrested along with Megan Mitchell and Amber Reiner, 20, of Newburgh.  Darrell Mitchell, Jones and Reiner were taken to the Gibson County Jail where they are currently being held on bond.  Megan Mitchell was taken to the Pike County Jail where she is currently being held on a $150,000 bond.

 

Arrested and Charges:

 

  • Darrell Mitchell, 49, 622 Walnut Street, Oakland City
  1. Manufacturing Meth
  2. Possession of Drug Paraphernalia
  3. Maintaining a Common Nuisance

 

  • Christopher Jones, 39, 204 North 5th Street, Apartment A, Petersburg
  1. Possession of Meth
  2. Possession of a Hypodermic Needle

 

  • Megan Mitchell, 20, 622 Walnut Street, Oakland City
  1. Warrant out of Pike County (Intimidation, Resisting Law Enforcement and Illegal Consumption of Alcohol)
  2. Outstanding Warrant out of Gibson County (Probation Violation)

 

  • Amber Reiner, 20, Newburgh
  1. Visiting a Common Nuisance

 

 

 

 

EPD Activity Report January 11, 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.

Are You and Your Family “Ice Aware”?

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We are well into the coldest two months of the year, which means area lakes and ponds will be freezing over. Frozen ponds can look inviting, especially to children. Unfortunately, traversing a frozen body of water is never without risk. Please take a moment to familiarize yourself with the following safety tips and be sure to tell your children!

With the variable southern Indiana weather, it is impossible to predict the day to day strength of ice covering a given body of water. If you choose to risk walking on ice, please be aware that ice which is less than four (4) inches of thickness cannot reliably support the weight of a human being. To even consider walking on ice it must be clear, have been frozen for days, and not have been subject to temperatures approaching 32 degrees at any point.

Before walking on ice, first test the thickness by drilling an inspection hole close to the shore. Measure the thickness and confirm it is greater than four (4) inches. A variety of factors can weaken ice, so remember that thick ice is no guarantee of safe ice. Vegetation weakens ice, so avoid areas where plants protrude through the surface.  The strength and thickness of ice is unlikely to be consistent over a given body of water, especially near inlets and feeder streams. Areas where moving water is normally present will have weaker ice. Just because a pond located in one area of the county is frozen a foot thick does not mean another pond in the area will be as well. Ice strength can change from hour to hour and day to day. Remember, ice that is clear or blue in appearance is the strongest . Ice that is white, gray or black is of a lower density and should be avoided.  Remember, “Thick and blue, tried and true; Thin and crispy, way too risky.”

If you do fall through the ice, you may have only have minutes to save yourself. Get as much of your body as possible out of the water by grabbing onto the surface of the ice. Use your arms and elbows to lift yourself up out of the water. You will have to “swim” the rest of the way out by orienting your body horizontally to the ice as much as possible. Lean forward onto the ice and kick your feet hard as you can. As you begin to move forward, use your arms and elbows to climb out of the hole. Professional winter hikers carry a pair of ice safety picks in their life jacket and never hike alone!

Make sure your children are “Ice Aware” this January and February. The Vanderburgh County Sheriff’s Office hopes you and your family have a safe and fun winter!

-END-

Tour the University of Evansville’s Harlaxton College and London and Paris Too

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A tour of Harlaxton College, the University of Evansville’s British campus, and London and Paris is being planned by the Harlaxton Society and UE’s Office of Alumni and Parent Relations. This unique trip is open to both UE alumni and the general public.

Harlaxton College is housed in Harlaxton Manor, which is located in Lincolnshire, England. The house was built in the 1830s. Its architectural style combines Gothic, Jacobean and Baroque influences. Several movies have used the house for location shots, including The Last Days of Patton and The Haunting. Those on the tour will have a chance to explore both the manor and the surrounding Lincolnshire countryside.

After Harlaxton, take an eight day tour of London and Paris. Popular sightseeing destinations are included, as well as free time to explore on your own. See Buckingham Palace, the Tower of London, Big Ben and St. Paul’s Cathedral. Watch a London theatre performance. Cross the channel on the high-speed Eurostar Train, dine at the Eiffel Tower and cruise the River Seine. Enjoy dinner and a show at the Paradis Latin Cabaret.

Participants may choose from:

Harlaxton, London, Paris (July 27 – August 6, 2015)

$5198 per person double occupancy, Book Now and Save Rate + $300 Harlaxton itinerary fee per person. Deadline for Book Now and Save Rate is January 30.

http://www.evansville.edu/alumni/downloads/HarlaxtonTripPreExtensionBrochure.pdf

Harlaxton Only (July 27 – July 31, 2015)

$675 per person for student accommodations, $875 per person ensuite accommodations (airfare and travel to and from Harlaxton are NOT included with this option)

http://www.evansville.edu/alumni/downloads/HarlaxtonTripItinerary2015b.pdf

For more information contact Sylvia Devault at 812-488-2586 or sy5@evansville.edu or Tracy Wilson at 812-682-4477 or tracylifestyletours@gmail.com

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About the University of Evansville: The University of Evansville is a private, liberal arts-based university in Evansville, Indiana, with a full-time undergraduate enrollment of approximately 2,300. UE’s diverse student body represents 42 states and 56 countries. U.S. News & World Report recognizes UE as a top 10 master’s-granting university in the Midwest, and fourth in the region for “Great Schools, Great Prices.” For more information, please visit http://www.evansville.edu

ST. MARY’S WELLNESS CENTER TO HOLD TAI CHI FOR ARTHRITIS CLASSES

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St. Mary’s Wellness Center will hold a four-week “Tai Chi for Arthritis” class beginning the third week of January. This course is supported by the Arthritis Foundation as a safe and effective way to ease the symptoms of arthritis – including pain, depression, and decreased range of motion. It is designed to be easy and enjoyable for people of all ages, physical conditions, and experience levels.

The cost is $75 for the eight week course. Registration is required by Thursday, January 15th. Classes will be taught by local Certified Instructor Mike Goebel and held at St. Mary’s Wellness Center at Epworth Crossing. Participants may choose from two remaining class times:

  • Mondays from 1:30 – 2:30 p.m., January 19th – March 9th  (Full)
  • Tuesdays from 5:30 – 6:30 p.m., January 20th – March 10th
  • Wednesdays from 1:30-2:30 p.m., January 21 – March 11th

Please call 812-485-5725 to reserve your spot for either of these programs. Pre-registration due January 15.  Other class listings are available at StMarysEpworth.com/classes.

Dr. Bucshon Votes to Restore 40 Hour Workweek

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(WASHINGTON, DC) – Congressman Larry Bucshon, M.D. voted for H.R. 30, the Save American Workers (SAW) Act, which passed the House of Representatives Thursday. This bipartisan bill returns the American work week to forty hours from the Affordable Care Act’s definition of full-time employment as thirty hours per week. This commonsense change will help low- and middle-class Hoosiers maintain the hours and wages they depend on and will eliminate an unnecessary tax burden on small businesses.

Dr. Bucshon released the following statement after H.R. 30 passed the House:

“The Save American Workers Act puts an end to the Affordable Care Act’s arbitrary and destructive 30-hour work week rule that has forced full-time employees to take part-time work,” said Bucshon. “I’ve heard from school corporations, local municipalities, and hourly wage earners throughout the Eighth District that this law is costing Hoosiers the wages they rely on to support their family, invest in their community, and save for the future. I’ve always said that this law is fundamentally flawed and cannot be fixed.  However, we need to take action now, where we have the opportunity, to protect the American people from its harmful effects while we work to implement real, patient-centered reforms that ensure everyone has access to quality, affordable care. I want to thank Rep. Todd Young for his dedication and leadership on this issue on behalf of Indiana and our country. I’m proud to again support this bipartisan, commonsense effort to give hardworking employees a fair shot.” 

 

Sponsored by Representatives Todd Young (R-IN) and Dan Lipinski (D-IL), H.R. 30 originally passed the House in April of 2014 with Dr. Bucshon as a cosponsor but did not move forward in the Senate. The SAW Act will now return to the Senate and may be considered in the new Congress.

 

The bill passed with a bipartisan vote of 252 to 172.  More information on the bill can be found here.

2015 Legislative Session Begins

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Indiana senators returned to the Statehouse this week to begin the 2015 legislative session.

The next four months will be busy and productive as members of the General Assembly carefully craft a state budget to fund essential services for the next two years.

Indiana is recognized nationwide as a model of responsible budgeting. We are a state that keeps taxes low and spends within our means, focusing on areas that benefit Hoosiers like public education and road maintenance.

In addition to crafting the state budget, my colleagues and I will be examining and voting on a wide-variety of legislative proposals.

To help Hoosiers stay informed and engaged, committee hearings and session meetings can be watched online by visiting www.in.gov/legislative. Event calendars, meeting agendas, vote tallies and proposed legislation can also be found on this site.

By law, the 2015 legislative session must be completed no later than April 29.