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The Gifts They Should’ve Gotten

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Raging Moderate by Will Durst

Hey guys. Did this whole crazy holy daze madcap bedlam thing sneak up on you this year, making the world speed up like a maglev Bullet Train going downhill lit by a strobe, like it did us? There’s a perfectly reasonable explanation.

In 2014, Thanksgiving fell on November 27th: making it a mere 28 days between the Turkey and the Tree. Next year the gap grows by a day; then two days for leap year, until way way in the future, Year of Our Lord 2018, we’re talking maximum separation: 33 days. And you can bet those extra 5 days will seem a blessed eternity, especially to our poor bedraggled brothers and sisters employed in the online retail industry. Let the drone- ducking commence.

So while we salute all you incredibly stalwart consumers for navigating Demolition Derby parking lots in the honorable quest of sinking heavily into debt to celebrate the birth of that Jewish hippie kid, let us also take this time to offer up to the least deserving of us, our annual scathingly incisive yet perennially trenchant, WILL DUR$T’$ 2014 XMA$ GIFT WI$H LI$T. These are the presents that folks presumably did not receive wrapped in brightly colored packages under dangerously parched fir trees, but most certainly deserved.

For Barack Obama: A Kevlar bubble, as he will now be taking shots from many vantages.

For CNN: Something to talk about other than ISIS and Ebola. And not ISIS infected with Ebola.

For Alec Baldwin: An unlimited refillable prescription for Xanax in a carrying case suitable for travel.

For Democrats in Congress: Scuba gear until they learn to grow gills for breathing underwater.

For Republicans in Congress: Enough rope to tie up Obama’s agenda for 2 years, but not enough to hang themselves with.

For Ted Cruz: A money order in the exact amount of a one- way ticket on the clue train.

For Harry Reid: A big old Lazy- Boy recliner so at least he can be comfortable doing nothing.

For Fox News: Hard evidence that the credit card used to pay for the rental car that took terrorists to the American Embassy in Benghazi has been traced to a shell corporation whose CEO is Hillary Clinton’s chief of staff.

For Malaysian Airlines: A name change.

For Jeb Bush: A name change.

For Mitch McConnell: An oilcan.

For Elizabeth Warren: A lingering bug to hit Hillary Clinton clearing the Democratic field for 2016.

For Joe Biden: A lingering bug to hit Hillary Clinton and Elizabeth Warren clearing the Democratic field for 2016.

For Kentucky Senator Rand Paul: More Republicans to support his run for the Presidency and less Democrats.

For Speaker of the House John Boehner: A gift certificate good for one surgical procedure to remove that unsightly Tea Party growth clinging to his back.

For Medical Science to study: Dick Cheney’s heart. George Bush’s brain. And Barack Obama’s leadership skills.

For Scott Brown: Cheap property in either Vermont or Maine. Or both.

For Shia LaBoeuf: A muzzle. Permanent. Steel. Welded with titanium rivets.

For Brad Keselowski: A sponsorship deal with UFC.

For Miley Cyrus: A sponsorship deal with any designer who can provide actual clothes.

For Bill Cosby: Harry Potter’s invisibility cloak.

For Fidel Castro: A tricked out 2015 Ford F-150 to replace that 59 Chevy.

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Copyright ©2014, Will Durst, distributed by the Cagle Cartoons Inc. syndicate.

Will Durst is an award- winning, nationally acclaimed political comic. Go to willdurst.com for more about the documentary film “3 Still Standing,” and a calendar guide to personal appearances such as the Will & Willie Podcast December 17th & the Big Fat Year End Kiss Off Comedy Show XXII, now until January 3.

First Security Bank Announces Hiring of Sr. Vice President of Mortgage Banking

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Prior to joining the bank, Belcher was Mortgage Market Manager at PNC Bank where he was named one of Mortgage Originator Magazine’s Top 200 Mortgage Originators. He achieved the highest Customer Satisfaction Rating in the Kentucky Market and was instrumental in developing the Middle Tennessee market.
A graduate of the University of Kentucky, Belcher received his Bachelors of Science degree in Business Administration.
Belcher has served in leadership roles with Boy Scouts of America and was instrumental in fundraising efforts for the Owensboro Museum of Fine Art. He also has served as Chairman of Friday After 5 and is an affiliate member of the Greater Owensboro Realtor Association, as well as the Home Builders Association of Owensboro.
M. Lynn Cooper, President and CEO stated; “Brad brings invaluable experience to the First Security Bank team. He has over 20 years of banking experience with leadership in mortgage banking in addition to leading and recruiting top performing relationship bankers. He will be an invaluable asset to us as we continue our growth strategy in key markets that have shown to have strong mortgage business.”
First Security Bank is a $535 million asset bank with 10 banking centers in Owensboro, Bowling Green, Franklin and Lexington, Kentucky, as well as Evansville and Newburgh, Indiana. Focusing on relationship banking and the ability to make decisions locally, First Security Bank creates value through unparalleled service.

Pet of the Week

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Honey is a 2-year-old female orange tabby! She has been waiting for a home at the shelter since JULY, getting passed by repeatedly because she’s shy and doesn’t always seek out people’s attention in the Cageless Cat Lounge. Honey’s adoption fee is $30 and includes her spay, microchip, vaccines, and more! Visit www.vhslifesaver.org to download an application!

City Council Meeting Information for January 5, 2015

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Dave Stafford for www.theindianalawyer.com

A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.

Sarah Moshe and Justin Stimson were partners in Moshe & Stimson LLP in Indianapolis until Moshe told Stimson she intended to leave the partnership. Their professional relationship began to deteriorate. According to the record, Moshe said her brother refused to dissolve the partnership, seized control of firm assets and case files, refused to pay her, and began making accusations about her personal integrity and professional competence.

Moshe ultimately sued Stimson for defamation, an accounting of the firm’s assets, an injunction and damages. The trial court ordered the insurer, Peerless Indemnity, to defend and indemnify Stimson against his sister’s lawsuit.

“On appeal, Peerless argues that the employment-related exclusionary clause is unambiguous and bars coverage. We agree,” Chief Judge Nancy Vaidik wrote in Peerless Indemnity Insurance Co. v. Moshe & Stimson Llp, Sarah Moshe, and Justin Stimson, 49A02-1404-PL-244. “Because Justin’s alleged actions toward his sister were employment-related, the exclusionary clause applies. We reverse the trial court and remand with instructions to enter summary judgment in Peerless’s favor on the issue of coverage.

“… The policy at issue was designed to protect the siblings in suits brought by third parties – it was not meant to protect one against the other in a suit between the two,” the court held.

IS IT TRUE December 31, 2014

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IS IT TRUE we look forward to Evansville Police Chief Billy Bolin to releasing the following reports for public review and discussion?  …the reports are:  the 2014 Uniform Crime report sent to the FBI and the 2014 Arrest records for the “Gang Unit” ?

IS IT TRUE another year has come to an end and this one has turned out to be filled with surprises some of which are welcomed, others were unwanted while yet others are those that come with both good and bad?…some of the surprises are still unfolding?…all of that aside we do wish all of our readers a Happy New Year and predict that with what is going to be a hotly contested City election that 2015 will once again be a year of record traffic for the City County Observer?

IS IT TRUE one of the unwelcome surprises at the CCO this year was the cyber attack upon our website that kept us dark on and off for the better part of a month preventing us from crossing the 2 million page views milestone?…another unwelcome surprise in the City of Evansville was the continued escalation of gunshots that crossed the 800 threshold just this month?…we realize that many of us grew up without the knowledge that Evansville crime rates are too high to be consistent with our false sense of security, but for Evansville to have to admit to over two shootings per day was an awakening for anyone who ever bought into that “great place to raise kids” propaganda campaign?…as predictable as it was, it is an unwelcome surprise that the golden shovel celebrations to commemorate the start of construction at the downtown hotel lot were all just a big theatrical production designed to deceive the public?…the reality is that a good deal with unreliable partners on any endeavor is not a good deal and the chickens came home to roost on this pipe dream in 2014?

IS IT TRUEa very welcome surprise in 2014 that literally no one would have predicted was that gasoline would be under $2 per gallon by now?…the retail price of gasoline more than anything else is a barometer for the comfort of the American consumer when it comes to spending money?…all of you who got or gave little extra this holiday season can probably chalk that up to the exuberance of $2 gas?…the thing that drove gas prices down as it turns out is just the good ole supply and demand equation that we were taught about in high school?…our demand has gone down due to more efficient cars and the habits that came from recession?…the supply has been increased because the United States energy industry has developed new techniques like shale oil extraction and fracking?…this is something that is cyclical so we had better enjoy it while it lasts because it never has lasted before?

IS IT TRUE the unintended consequence of cheap gas are just starting to unfold with massive numbers of layoffs in the energy states of Texas, Alaska, and North Dakota?…a second order effect has recently happened across the river in Kentucky with the closure of two coal mines that were opened less than 10 years ago with golden shovels and visits from the Governor?…other unintended consequences are the destabilization of some oil republics like Venezuela and Russia?…some are even saying the CIA is behind this to cripple Putin but we say this is just a supply side driven gift to consumers that energy consortiums took from themselves?…the long view is not being taken by consumers though as big SUVs and gas guzzling pickup trucks are selling like hotcakes and electric cars, public transportation, and renewable energy are begging for business?…this pendulum will swing again as it has in the past and those who are peeing their money away on $60,000 gas guzzlers today will be the first ones crying when we reach $4 a gallon again?…then those gas guzzlers will be on the used car market for under $20,000?…the attention span of the public seems to be getting shorter and shorter?

IS IT TRUE going forward in the new year, what Evansville really needs to get a handle on is the difference in needs and wants?…we need to repair our sewers, roads, water pipes, and sidewalks?…our leaders seem to want things like a hotel, parks of all types, and an Evansville Reserve Bank with a printing press to pay for all of these wants?…they even want these playthings bad enough to ignore our real needs?…fiscal responsibility will hopefully be the central issue in the 2015 city elections as without it we can never afford the things we need which will blunt every effort to splurge on what we want?…we also need to calibrate exactly what the collective wants are because it really seems like the elected leaders have lost touch with reality?…we do wish you all a great 2015 and will continue to expose instances of bad public policy as we see them?

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

Copyright 2014 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

BREAKING NEWS: CITY COUNTY OBSERVER OFFERS A BREAKING NEWS TIP TO LOCAL MAIN STREAM MEDIA

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IS IT TRUE that the Evansville Police Department, Vanderburgh County Sheriff’s Department and Federal Bureau of Investigations made arrests yesterday, breaking the possible illegal activities of major theft ring that had allegedly stoled new Bobcat and Kubota and other construction equipment estimated value between $750,000 to $1,000,000?  … that the local undercover investigation has been going on for approximately 6 months?  … that members of this alleged theft ring are both local and as far away as St. Louis, Missouri and North Carolina?  …that one of the jailed suspects, who is from Vanderburgh County, now sits in a North Carolina jail,  when he allegedly shipped some stolen construction equipment to that area? …that yesterday that some of the brand new construction equipment was found in several enclosed Trailers and included Backhoes, Skid Steers and End-Loaders in a remote area of Vanderburgh County? …that the other member of this alleged theft ring was taken to the Vanderburgh County jail for official booking and than released?

IS IT TRUE that the 3.5 employees of the City County Observer are enjoying the holiday for the rest of 2014 and offer this information to the area Main Stream Media to sort out over the next couple of days? …we know that the local Main Stream Media monitors the City County Observer daily for breaking news and we are glad to pass this information as our New Years gift to them?

…the City County Observer wishes our friend of the local Main Stream Media  a happy and prosperous 2015?

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

Copyright 2014 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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 December 30, 2014

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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

COA finds double-jeopardy violations in conviction of former secretary of state

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Marilyn Odendahl for www.theindianalawyer.com

Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.

White raised several arguments on appeal, including insufficient evidence, errors in jury instructions, prosecutorial misconduct and ineffective counsel. However, he was most successful on the claims he did not raise.

The Court of Appeals found two double-jeopardy violations. It noted White did not make these arguments on appeal but the court was raising the issue sua sponte because a double-jeopardy violation implicates fundamental rights.

The 55-page opinion in Charles P. White v. State of Indiana, 29A05-1312-PC-641, was written by Chief Judge Nancy Vaidik and was unanimous.

Specifically, the Court of Appeals concluded White was convicted and punished twice for making a false statement regarding his address on his voter registration. Also, he was convicted and punished twice for voting in the wrong township during the May 2010 primary election. It reversed one conviction for perjury and one conviction for voting in the wrong precinct and remanded to the trial court to vacate the convictions.

In the footnotes of its 55-page opinion, the Court of Appeals highlighted problem areas in the state statute and recommended the Legislature amend.

First, it pointed to Indiana Code 3-14-3-1.1(1) which requires the individual submit multiple materially false, fictitious or fraudulent applications. White contended that to violate the statute, an individual would have to turn in several applications. The state argued that interpreting the statutes to require more than one application would lead to absurd results and excuse a legitimate instance of voter fraud.

The Court of Appeals noted the code is written in the plural and nudged the Legislature to amend the language.

Second, the Court of Appeals recommended the Legislature examine I.C. 3-5-2-3 which regulates paper ballots, ballot cards or ballot labels. White asserted the statute does not apply in his case because he used electronic voting, and even the state conceded the statute does not account for new voting technology.

The Court of Appeals held that since electronic voting systems will be used increasingly in the future, the Legislature should amend the statute’s definition of “ballot” to be more inclusive.

The Court of Appeals reversed White’s perjury conviction for putting the wrong address on his marriage license application. The Court found his street address was not material to the application. However, the appellate court pointed out that supplying false information to the Circuit Court clerk when applying for a marriage license is a felony. It hinted the conviction might have stood if White had been charged with furnishing false information instead of perjury.

The Court of Appeals affirmed White’s other convictions for perjury, voting in the wrong precinct and theft. It also concluded White’s attorney, Carl Brizzi, was not ineffective.