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 Tuesday, April 22, 2014

Angela Hankins                Possession of Methamphetamine-Class D Felony
Unlawful Possession of Syringe-Class D Felony
Theft-Class D Felony

Joshua Hutchison            Possession of a Schedule II Controlled Substance-Class D Felony
Dealing in a Synthetic Drug or Synthetic Drug Lookalike Substance-
Class D Felony

William Mason                 Possession of Marijuana-Class A Misdemeanor
( Enhanced to  D Felony Due to Prior Convictions)

Rebecca Rhodes               Possession of a Schedule IV Controlled Substance-Class D Felony
Unlawful Possession or Use of a Legend Drug-Class D Felonies
(Two Counts)

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

By Ron Nichols To meet the growing sustainability challenges of the 21st Century, USDA’s Natural Resources Conservation Service is reminding people that many of the solutions are right at our feet — in the soil. Here are the top five reasons NRCS says why on Earth Day 2014, set for April 22 this year, you should “root” for soil health farmers: 5. A lot of people are coming to dinner. We all rely on the soil for our food and fiber. By the year 2050, an estimated 9 billion people will join us at Earth’s dinner table, meaning we’ll have to grow as much food in the next 40 years as we have in the past 500. The Soil Health Solution: Improving soil health increases the productivity and function of our soil (including nutrient uptake to plants), which offers increased food security in a growing world. A lot of people are coming to dinner. We all rely on the soil for our food and fiber. By the year 20 4. There are fewer acres of land to grow the food we need. Globally, millions of acres of cropland are lost to development or resource degradation. The Soil Health Solution: Improving soil health naturally can protect our working lands from erosion and desertification and ensure that our food-producing acres stay fertile and productive. There are fewer acres of land to grow the food we need. Globally, millions of acres of cropland are 3. Weather extremes like drought and climate change pose increasing food production challenges. The Soil Health Solution: Healthy soil is more resilient soil, with greater infiltration and water-holding capacity, which make farms more resistant to periods of drought. And since it holds more water, healthy soil helps reduce flooding during periods of intense rainfall. Weather extremes like drought and climate change pose increasing food production challenges. 2. There is growing competition for water and other food production resources — and many resources are limited (or in some cases finite) in their supply. The Soil Health Solution: Healthy soils help optimize those inputs and maximize nutrient use efficiency. In addition, healthy soil keeps production inputs like fertilizers and pesticides on the land and out of our streams, lakes and oceans. There is growing competition for water and other food production resources — and many resources are 1. We can repair and rebuild it. For years, it was believed that a certain amount of cropland soil erosion was inevitable. The Soil Health Solution: By using conservation techniques like cover crops, no-till and diverse crop rotations, an increasing number of farmers are proving that we can build our soils — and, in some instances, increase soil organic matter by as much as 3-4 percent. In the process, farmers are actually using less energy, maintaining or increasing production and improving their bottom lines. Meet some of those farmers. We can repair and rebuild it. For years, it was believed that a certain amount of cropland soil e In fact, there are many more reasons why soil health is important to all of us on Earth Day — and every day. Learn more about the basics and benefits of soil health and how NRCS is helping our nation’s farmers “Unlock the Secrets in the Soil.”

Beginning Fall 2014
To give students additional instructional time and to allow teachers expanded opportunities for collaboration, the Evansville Vanderburgh School Corporation is lengthening the school day for elementary students and slightly altering the day for middle school students, following a vote by the EVSC Board of School Trustees tonight. Start and end times for all EVSC schools will also be changed.
Beginning next fall, EVSC elementary school students will begin at 8:15 a.m. and dismiss at 3:10 p.m., giving them 34 additional minutes of instructional time in their school day.
Students attending high school, middle grades and K-8 schools will begin school at 7:30 a.m. and dismiss at 2:30 p.m. Because there were many different start and end times previously, this standardizes all schools – by grade level – within a common start.
David Smith, EVSC superintendent, said lengthening the school day will provide more time for focused instruction and provide more tailored teaching and supports for all students. It also allows teachers more time to collaborate, share data and plan how curriculum will be taught.
“The EVSC’s elementary school day is currently among the shortest day in the state and in our immediate area. By extending the day, we will add valuable learning time for our students and allow our teachers to meet more regularly and for longer periods of time, all of which will lead to an increase in student success,” Smith said.
The longer elementary day will also give teachers time to help students achieve through Response to Intervention (RtI). The research-based RtI pushes students who are high achievers to excel even faster and further and also helps those who also may be struggling with academic content. As RtI is expanded up to grade 5, the extra time will be beneficial, he said.
“We have been discussing the potential for adding extra minutes for some time now,” Smith said. “We have met with principals, teachers and parents and the feedback has been extremely positive.”
EVSC schools will continue to offer extracurricular activities, student meals – including breakfast – and morning and afterschool Extended Day centers will still be available. Morning daycare is currently $15 for the week.
Busing will continue to be offered, but routes and times will be altered. Elementary student buses may arrive later than normal and pick up times for students in middle grades, K-8 and high schools will be altered slightly, as well. Generally, pick up locations will not change.
As in the past, the EVSC Office of Transportation will mail postcards to families of current riders in the summer with bus information for Fall 2014. Parents of students who do not currently ride a bus, but who will need one next year, should contact the EVSC Office of Transportation at 435-1BUS.
More information and a list of frequently asked questions can be found on the EVSC’s website at www.evscschools.com/schools

Marilyn Odendahl for www.theindianalawyer.com

When a bank files a motion to set aside a foreclosure judgment, often the courts consider the filing good news, assuming the lender and the homeowner have reached a settlement.

But things aren’t always what they seem, and courts can be at risk of being duped.

While a lending institution may give the impression to the judge that a settlement agreement has been reached, homeowners are often unaware that the scheduled sheriff’s sale did not happen or that a motion to vacate has been filed. The result can be abandoned properties falling into disrepair; cities unsure of who actually owns the eyesores; and homeowners, unknowingly, accruing past-due bills for taxes, interest and mortgages that they unlikely will be able to pay.

boyer-nancy.jpg Boyer
Notre Dame Law School Clinical Professor Judith Fox examined this phenomenon, what she called the “foreclosure echo,” in a 2013 article published in the Loyola Consumer Law Review. She looked at the impact that a bank’s often inexplicable decision to “un-foreclose” has on the judicial system as well as homeowners and communities.

“One thing I hope happens from my paper is that judges would just ask questions and just pay more attention,” Fox said.

The physical remains of these foreclosure reversals have been given nicknames that identify their scary implications – zombie home and zombie title.

Zombie homes arise when homeowners move out and abandon the dwellings, thinking the foreclosure process is completed or near completion. Zombie titles come to life after the foreclosure is finished but the lender returns with a motion to set aside the judgment.

Allen Superior Judge Nancy Eshcoff Boyer has seen the zombie homes in Fort Wayne neighborhoods and the attempts to create zombie titles in her courtroom.

“It’s getting to be a bigger problem,” Boyer said of zombie titles.

Motions to set aside a foreclosure judgment are coming anywhere from three months to, in one instance, seven years after the decrees were issued. The reasons given for the motion can be cryptic, so after she and her clerks became suspicious, Boyer started to routinely schedule hearings to find out why the lenders want to vacate the judgment.

Asking questions, Boyer said, is helping to prevent these homes from becoming problems for the community. Often in a foreclosure, the borrower will leave the house and with no one maintaining the property, the grass becomes overgrown, and vandals deface and strip the home.

The house then becomes a blight on the neighborhood. Eventually, the property will deteriorate to the point where the municipality has to demolish the home, which costs the taxpayers.

“That is really the reason I’m looking at these (motions) because I don’t want (the houses) thrown back on our community,” Boyer said.

Nobody’s home

Indiana is a leader nationwide in the percentage of foreclosed homes being vacated by owners.

manier Manier
The Hoosier state ranked ninth in January 2014 in the number of properties in foreclosure at 14,503, according to statistics from RealtyTrac, a California-based company that reviews housing data from across the country. However, with 31 percent of those homes vacated by the owner, Indiana has the seventh-highest number of zombie homes.

From September 2013 to January 2014, Indiana’s percentage of owner-vacated homes had declined by 12 percent.

In many instances what homeowners might not realize is that even though the bank foreclosed and they moved out, they still own the property.

Fox encountered this situation when a woman walked into Notre Dame’s Economic Justice Project, the consumer clinic that Fox supervises, with a notice from the city of South Bend that her home was in violation of building codes. The client explained she had appeared in St. Joseph Superior Court two years earlier and agreed to the foreclosure. When she received the notice of the upcoming sheriff’s sale set for June 2007, she moved.

Assuming the city had made a mistake, Fox made a phone call to resolve the matter but discovered there was no mistake. The lender had the court set aside the judgment and the homeowner was never notified. The woman who thought the foreclosure was finished learned she was, in fact, still responsible for the property.

Like her colleague in Allen County, St. Joseph Superior Judge Jenny Pitts Manier has been dealing with a “steady stream” of motions to set aside foreclosure judgments. Her approach has changed from assuming the motion means the foreclosure has been remedied by either a settlement or a short sale to getting a legal basis for the filing.

“My concern is people are evicted from their homes and then we’re saying, ‘Oh, forget it,’” Manier said.

If the motion does not provide a reason why the lender is filing or if the reason is vague, Manier finds time on her calendar to bring the attorneys to the courtroom.

“In this environment, it’s not a bad idea to set a hearing,” she said.

Adhering to the rules

The Office of the Indiana Attorney General has occasionally received complaints about zombie titles but currently there is little legal recourse available if the lender starts but does not complete the foreclosure proceeding and leaves the house in limbo.

Bryan Corbin, spokesman for the attorney general’s office, acknowledged the negative ramifications for neighborhoods and homeowners. He also pointed out that under current law, lenders are not legally obligated to inform the mortgage holders the foreclosure judgment has been dismissed or the process stopped.

In her research, Fox has found that lenders rarely supply reasons, let aloneaccurate ones, for wanting to set aside a foreclosure judgment. Most commonly, the language implied a settlement had been reached with the homeowner.

fox Fox
Both Boyer and Manier said they will vacate judgments when the lender and homeowner have crafted an alternative to foreclosure or when the reason satisfies Trial Rule 60(B), which spells out the valid reasons – such as mistake, fraud or to correct error – for setting aside a decree.

Unless Boyer and Manier receive the proper legal grounds, they will not set aside the judgment.

When Boyer began scheduling hearings, she met resistance. Lenders called her, asking why she was doing such a thing. The pushback reminded the Allen County judge of the opposition she got from lenders during the height of the foreclosure crisis who complained the state-required settlement conferences were ruining their business models.

Hearings may prevent lenders from tossing abandoned houses onto the shoulders of the community but, Boyer said, they do have a consequence for the courts. Namely, scrutinizing the motions and holding hearings use judicial time and resources, which are limited.

Still, she has noted since she started setting hearing dates, she is getting more answers to her questions about the motions to set aside. And that, she believes, translates into the courts helping to stop the zombies.•

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

Evansville Police were dispatched to 2039 Pollack around 6:00pm after a woman called 911 to report she had been threatened.
The caller, 41 year old Kendra Baker, said that she had recieved a phone call from TERRY LEE DAUGHERTY, 44. Daugherty threatened to come to the house and “cut her throat”.
Daugherty and Baker have a child together and shared the home at 2039 Pollack until Daugherty was arrested on April 16 for Felony Domestic Violence and Strangulation. Daugherty was out on bail from that case and a No Contact Order was in place as a condition of his release.
When the two officer patrol unit arrived at the scene, they spotted Daugherty behind the house holding two knives. Daugherty fled to the south and attempted to get into the house at 2045 Margybeth. The officers were able to contain Daugherty in the driveway of the house and repeatedly told him to drop the knife. Daugherty refused to drop the knife and at one point during the incident told the officers they would have to shoot him.
When Daugherty refused to drop the knife or surrender, one of the officers fired his handgun. Daugherty was struck once in the upper torso. The elapsed time from when the officers arrived to when Daugherty was shot was less than one minute.
The officers began first aid and called for an ambulance. Daugherty was taken to a local hospital for a single gun shot wound. His current condition is unknown, but he is expected to survive.
The officers invovled in the incident have given their first of two statements to investigators and will give a second statement in the coming days. Both will be on leave for a minimum of 72 hours. Their names are not being released at this time.