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Supreme Court takes ethanol plant emissions suit

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By:Dave Stafford, www.theindianalawyer.com ethanol_map

 

The Indiana Supreme Court will hear the state’s appeal of a Court of Appeals ruling placing stricter limits on emissions from ethanol plants.

Justices granted transfer in Natural Resources Defense Council v. POET Biorefining-Cloverdale LLC et al., 49A02-1205-MI-423.

The Court of Appeals ruled for the NRDC, holding that Indiana could not permit ethanol plants to operate in a category allowing annual emissions of up to 250 tons of airborne pollutants. The plants instead should be in a category allowing up to 100 tons, the court held.

Judge Melissa May wrote the state could not properly exclude ethanol plants from the category of “chemical process plants,” without approval of the Environmental Protection Agency, and therefore, the stricter limit applied.

The Supreme Court also will hear an appeal in a worker’s compensation case that divided the Court of Appeals, Jason Young v. Hood’s Gardens, Inc., 29A02-1303-PL-298.

The Court of Appeals found that Young, who suffered injuries while working for a tree service which left him quadriplegic, could not pursue secondary liability against Hood’s Gardens Inc. because the value of the work performed was less than $1,000. Judge James Kirsch dissented, because the value of the wood that the contractor was allowed to keep wasn’t factored into the $600 Hood’s paid to have a hickory tree removed.

The court also granted transfer last week in the case of a blogger convicted of intimidating a judge. Justices affirmed convictions Tuesday in Daniel Brewington v. State of Indiana, 15S01-1405-CR-309.

Supreme Court transfer dispositions may be viewed here.

Camm seeking damages for wrongful incarceration

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Cammby: Marilyn Odendahl, www.theindianalawyer.com

David Camm, the former Indiana State Police officer who served 13 years in prison before being acquitted of murdering his wife and two young children, is striking back at those who accused him.

He has filed a tort claim against Floyd County and some Floyd County officials, seeking $30 million in compensation. Another tort claim will be filed before July 21 and include Indiana state employees, according to Camm’s attorney, Garry Adams, partner at the Louisville law firm of Clay Daniel Walton Adams PLC.

“From the information I have reviewed, it is probably the biggest travesty of justice I have seen,” Adams said of Camm’s situation.

After he discovered his family shot in their Floyd County garage in 2000, Camm was arrested and charged with murder. He was convicted in two separate trials but both verdicts were overturned. At his third trial in the fall of 2013, the jury in Boone County found Camm not guilty.

Adams said the formal complaint will be filed in federal court before Oct. 24, 2014 – one year from the day Camm was acquitted. A team of attorneys from Adams firm will be working on drafting a “very complete complaint.”

“It’s always difficult when you go up against state actors in a 1983 claim,” Adams said.

Any dollar amount that Camm may be awarded will be determined by the jury. However, Adams said the $30 million figure includes compensation for lost wages, mental anguish and wrongful incarceration.

Barnett receives USI’s 2014 Trustees Distinguished Merit Award

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Samuel Barnett, who graduated magna cum laude in May as a double major in biophysics and Spanish, is the University of Southern Indiana’s 2014 Trustees Distinguished Merit Award winner. The award recognizes outstanding achievement not only in the student’s major but also in the liberal arts and sciences that form the core curriculum. Each College at USI nominates one student for the honor, which includes a $1,500 award.

Barnett, a Presidential Scholar, takes advantage of the opportunities he encounters and makes it part of his mission to provide the same for others. As a member of Lambda Chi Alpha fraternity he’s set up a tutoring program within his chapter and conducted workshops to improve his fraternity brothers’ study habits and time management skills. “I wanted to join a brotherhood and be with other men committed to higher education and participate in campus philanthropy,” he said.

Barnett had numerous offers from colleges, but chose to attend USI because he knew how caring and helpful the faculty is. “I originally thought I might not stay around, but once you come to campus, meet those involved and see how beautiful it is; those are huge selling points,” he said. “The faculty go out of their way to give recommendations and help you find scholarships.”

Barnett didn’t feel he’d have the same opportunities at other universities. Larger institutions often are too vast for faculty to provide the one-on-one mentorship he found at USI and in the biophysics program. “It’s unique because its program is interdisciplinary, something not found at many other schools,” he said.

The term “interdisciplinary” speaks to who Barnett is. He grew up listening to National Public Radio which sparked his interest to learn to play the violin. He entered the Suzuki Violin Program at the University of Evansville when he was only 12 years old. Today he still plays in the orchestra but also gives private lessons to seven students. Last summer he studied Spanish abroad for 10 weeks in Granada, Spain, because he was interested in the Arab cultural influences within the city.

This fall, he will start medical school at Indiana University, and while he’s yet unsure where medicine will take him—a research lab or into communities USIinternationally—he hopes to maximize his own experience as well as those around him.

Four Eagles earn All-GLVC softball honors

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Four Eagles earn All-GLVC softball honors
GLVC Softball Logo

American Airlines to Launch Nonstop Jet Service Between Evansville Regional Airport and Charlotte, NC

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evvlogoThree Daily Flights Begin Oct. 2, 2014

May 5, 2014 – Evansville Regional Airport officials announced today that American Airlines will begin nonstop jet service between Evansville Regional Airport in Evansville, IN (EVV), and Charlotte, NC’s Charlotte Douglas International Airport (CLT), with three daily flights beginning Oct. 2, 2014.

The regional service will be operated as US Airways Express with 50-seat CRJ-200 jets.

“We have enjoyed a great partnership with American Airlines for many years. This new service to Charlotte, coupled with the combination of US Airways and American Airlines adds yet another dimension to that partnership,” said Airport Executive Director, Doug Joest. “These flights to Charlotte offer our passengers more options for gateways to the national and international air transportation system that is critical to economic development for our region.”

Here is the schedule for the flights between Evansville, IN EVV and Charlotte, NC CLT (all times local): Evansville, IN to Charlotte, NC (EVV – CLT) Departs   Arrives     Days

6:00am       8:17am   Daily

10:20am 12:37pm Daily

7:00pm    9:17pm Daily Charlotte, NC to Evansville, IN (CLT-EVV) Departs   Arrives   Days  9:30am    9:53am Daily.  6:10pm    6:33pm Daily

10:30pm 10:53pm Daily

 

American and US Airways currently offer nonstop service to more than 120 destinations on nearly 650 daily flights from Charlotte (CLT).  “Charlotte is a great hub that offers a variety of domestic and international destinations that will appeal to both our business and our leisure travelers,” said EVV’s Director of Marketing & Air Service Development, Dianna Page. “Offering more flight times and destination options is something our local passengers have been asking for and we are delighted that American Airlines is making this investment in our community.”

American Airlines is also a founding member of the oneworld® Alliance. The oneworld Alliance brings together some of the best and biggest names in the airline business, enabling them to offer their customers more services and benefits than any airline can provide on its own. Together, its members serve nearly 1000 destinations in 150 countries and territories.

About Evansville Regional Airport Evansville Regional Airport serves the tri-state region of southwestern Indiana, southeastern Illinois and western Kentucky. Currently the airport offers jet service to Chicao, Dallas, Detroit and Atlanta.  EVV generates an estimated $945 million in economic impact to the community.  Connect with Evansville Regional Airport on Twitter @Flyevv and on Facebook, or at www.flyevv.com

IS IT TRUE-Part 2 May 5, 2014

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IS IT TRUE the video interview of candidate for County Council Pete Swaim has just been posted on the CCO “Mole TV” site?  …this program is sponsored by the City County Observer and Woods and Woods law firm?  …that the program host is local attorney Mike Woods? …if you still don’t know who you want to vote for in the Vanderburgh County council race please go to this video so you can get an idea what Mr. Swaim stands for?

Grimm Moves Up the Ladder

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In a short ceremony this morning at EFD Headquarters, Fire Chief Mike Connelly promoted Dan Grimm to the rank of Battalion Chief. Grimm, long time spokesperson for the Department, received his new badge with his wife Barb and several of his peers in attendance. Although Grimm, a 25 year department veteran, has been filling the position temporarily since Cliff Weaver’s appointment as EMA Interim Director, today’s action made it permanent. Grimm will continue in his current roles as Chief Fire Marshal and Admin PIO.

 

EFD has two Battalion Chiefs, which are the highest Merit Rank on the Department. They are Chief of Operations and Chief Fire Marshal.

VANDERBURGH COUNTY FELONY CHARGES

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nick herman

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 Friday, May 02, 2014

 

Jennifer Holstlaw            Theft-Class D Felonies (Two Counts)

 

Robert Moore Jr               Unlawful Possession or Use of a Legend Drug-Class D Felonies (Two Counts)

(Habitual Substance Offender Enhancement)

 

Tyrell Stuart                       Theft-Class D Felony

False Informing-Class B Misdemeanor

 

Megan Wheeler              Theft-Class D Felony

 

Edward Nance Jr              Dealing in Methamphetamine-Class A Felony

(Habitual Substance Offender Enhancement)

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 considered to be innocent until proven guilty by a court of law

SENTENCE CHART

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days
Class C Misdemeanor 0-60 Days

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Babypalooza by Deaconess- The Women’s Hospital

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Saturday, May 10, 2014
9 a.m. – Noon
The Women’s Hospital Parking Lot

Babypalooza is a fun filled day for women or couples planning to start a family, those who are expecting a child, or new parents.

Come tour the labor and delivery area at The Women’s Hospital and receive a wealth of information from health and retail vendors.  Attendees will have the opportunity to talk with vendors on topics such as immunizations, safe sleep, prepared childbirth, what to look for in healthcare and childcare providers, the latest in baby retail items and much more.

The event is free of charge. Some vendors will provide cash and carry items.

Vendors as of 04/25/14

ADT Security Anthem Medicaid Program
Arbonne International Brice’s ATA Martial Arts
Bob’s Gym Deaconess Clinic
Deaconess Home Medical Deaconess Riley Children’s Services
Deaconess Family Practice Residency doTerra Essential Oils
Dr. John Reid – Agape OBGYN Evansville Birth Network
Discovery Toys Evansville Vanderburgh Public Library
First Steps of Southern Indiana Indiana Education Savings Authority
Initials, Inc Joshua Academy Preschool
Just for Kids Pediatric Dentistry La Petite Demoiselle
Health Pointe Acupuncture Macaroni Kid
Lifesong Academy March of Dimes
Mary Kay Massage for Your Health
Mead Johnson Mended Little Hearts of Evansville
MOM’s Club of Evansville Origami Owl
Pedia Research Pro Health Water
Rockers Chiropractic Smokefree Communities
Thirty One Gifts Tri-State Mothers of Multiples
The Women’s Hospital Amenities The Women’s Hospital Baby Friendly Initiative
The Women’s Hospital Building a Healthy Baby Program The Women’s Cancer Center
The Women’s Hospital Car Seat Safety The Women’s Hospital Community Education
The Women’s Hospital Infection Prevention The Women’s Hospital Lactation Program
The Women’s Hospital Nutrition The Women’s Hospital Preadmission Nurse
The Women’s Hospital Snuggle Station The Women’s Hospital Transport
Tri-State Perinatology at The Women’s Hospital Wesselman Woods Nature Center
Women’s Healthcare Aesthetics Women’s Healthcare, P.C.
Youth Services Bureau Yunker Health & Wellness/Shaklee Products

For more information contact 812/842-4356.