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Launch Alert
Career Exploration for Grades 4-12 and an Online Tool for Making Charts and Graphs
The Bureau of Labor Statistics is a great place for your students to explore careers, but did you know they have other activities that you can use in the classroom?  The teacher’s desk offers a variety of worksheets and an inflation calculator.  In the student resource area, students can learn about the economy and unemployment rates for each state using maps.  Your students can take this state data, or any data you want them to work with, and use the online chart and graph maker to help them visual and compare data.
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Pin UsVANDERBURGH COUNTY FELONY CHARGES
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 Thursday, May 08, 2014
Amie Farber                 Unlawful Possession or Use of a Legend Drug-Class D Felony
Possession of a Synthetic Drug or Synthetic Drug Lookalike Substance-
Class A Misdemeanor
Resisting Law Enforcement-Class A Misdemeanor
(Habitual Substance Offender Enhancement)
Daniel Jenkins               Possession of a Schedule IV Controlled Substance-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor
False Informing-Class B Misdemeanor
Jeffrey Reich                  Possession of a Schedule II Controlled Substance-Class D Felony
Mark Yckering                Operating a Vehicle with an ACE of .08 or More-Class C Misdemeanor
(Enhanced to D Felony Due to Prior Convictions)
(Habitual Substance Offender Enhancement
Bentley Brown              Battery Resulting in Serious Bodily Injury-Class C Felony
Trenton Duncan            Burglary-Class B Felony
Theft-Class D Felony
Maxine Kemper            Dealing in Methamphetamine-Class A Felony
Possession of Methamphetamine-Class C Felony
Possession of Methamphetamine-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor Enhanced to D Felony
Possession of a Schedule II Controlled Substance-Class D Felony
Possession of Marijuana-Class A Misdemeanor
Kathryn Mason            Unlawful Possession of Syringe-Class D Felony
Colin Minton                 Domestic Battery-Class D Felony
Matthew Orth                Burglary-Class B Felony
Intimidation-Class C Felony
Battery Resulting in Bodily Injury-Class A Misdemeanor
Criminal Mischief-Class B Misdemeanor
Jessica Sachs                Burglary-Class B Felony
Theft-Class D Felony
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
Dr. Bucshon Comments on Special Benghazi Panel
  
Congressman Larry Bucshon, M.D. released the following statement following approval by the House to form a special panel to investigate the September 11, 2012 terrorist attack in Benghazi, Libya that killed four Americans.
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Bucshon stated:
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“The House has overwhelmingly approved a resolution to further investigation in the Benghazi terrorist attack that killed four of our fellow Americans. Newly released emails show the Administration has stonewalled Congress in our effort to get the facts the American people deserve. I have full confidence that Trey Gowdy will lead a thoughtful investigation focused on finding the facts and uncovering the truth.Â
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“I’m also glad to have a Hoosier voice on the panel, my colleague Susan Brooks. I have come to know Susan as a very thoughtful and focused member of Congress. Her experience as a U.S. Attorney will undoubtedly be an asset to the committee. With Trey and Susan thoroughly investigating this attack, we will finally have the answers to what happened on September 11, 2012.â€
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BACKGROUND:
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Last week, in response to the release of emails showing the White House was more involved in misleading the American people than previously known and the revelation that the Obama administration had withheld these documents from a Congressional subpoena, Speaker Boehner announced that he was establishing a special committee to investigate the events surrounding the attack on our consulate in Benghazi, Libya on September 11, 2012.
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Upon hearing the news about the panel, Bucshon released a statement supporting the continued fact-finding investigation in light of the newly released emails.
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Rep. Trey Gowdy of South Carolina, a former prosecutor tapped to lead the panel, penned an op-ed in USA Today explaining that the investigation will be purely about finding the facts and uncovering the truth.
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“Facts are neither Republican nor Democrat,†said Gowdy “While our fellow citizens are free to draw varying conclusions and inferences from the facts, surely there can be consensus that every relevant fact must be uncovered.†(USA Today; 5/7/14)
Police still looking for shooting suspect in Thursday night shooting
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Evansville Police are investigating a shooting that happened in the 400 block of E Riverside Dr around 10:00pm Thursday.
Police were called to the scene after 20 year old Keshaun Barnes was shot several times. Barnes told investigators he was not sure who shot him. Barnes was taken to a local hospital for treatment and is expected survive.
Anyone with inforamtion about this shooting is aske to call EPD at 436-7979 or the WeTIp hotline at 1-800-78-CRIME.
For full details, view this message on the web.
Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit
By: Jennifer Nelson, www.theindianalawyer.com
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
Advanced Tactical, which manufactures and sells PepperBall branded items, filed its lawsuit against Real Action Paintball Inc. in the Northern District of Indiana, alleging violations of the Lanham Act, common law trademark infringement and unfair competition, trade dress infringement and misappropriation of trade secrets. The lawsuit stems from an email Real Action sent out in 2012 and a message on its website that announced it had acquired the machinery, recipes and materials once used by PepperBall Technologies Inc. But Advanced Tactical had acquired PepperBall Technologies after the business went into foreclosure.
Advanced Tactical claims to have a headquarters in Indiana, but that is unclear, according to the court record. After holding an evidentiary hearing, the District judge concluded the court had personal jurisdiction and that Advanced Tactical was entitled to a preliminary injunction.
The District Court found the necessary minimum contacts based on the following: Real Action fulfilled several orders of the allegedly infringing projectiles for purchasers in Indiana; it knew Advanced Tactical was an Indiana company and could foresee that the misleading emails and sales would harm Advanced Tactical in Indiana; it sent at least two misleading email blasts to a list that included Indiana residents; it had an interactive website available to residents of Indiana; and it put customers on their email list when they made a purchase, thereby giving the company some economic advantage.
But in Advanced Tactical Ordinance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran, 13-3005, the 7th Circuit found none of these meets the standards the Supreme Court of the United States has set governing specific jurisdiction.
“Specific jurisdiction must rest on the litigation-specific conduct of the defendant in the proposed forum state. The only sales that would be relevant are those that were related to Real Action’s allegedly unlawful activity. Advanced Technical – which has the burden of proof here – has not provided evidence of such sales,†Chief Judge Diane Wood wrote.
“To hold otherwise would mean that a plaintiff could bring suit in literally any state where the defendant shipped at least one item,†she continued.
The act that Real Action maintains an email list to allow it to shower past customers and subscribers with company-related emails doesn’t show a relation between the company and Indiana, the 7th Circuit ruled. “The connection between the place where an email is opened and a lawsuit is entirely fortuitous.â€
The judges also found the interactivity of a website is a poor proxy for adequate in-state contacts. The case is remanded with instructions to vacate the judgment and dismiss the case for lack of personal jurisdiction.
IS IT TRUE May 9, 2014
IS IT TRUE if the release of the City of Evansville’s 2014 audits is true to form in being released at the time when the public is least interested in news the release will happen after 3 pm on May 23rd just when most everyone has the three day Memorial Day weekend on their minds?…the intention for this release to happen in a “couple of weeks” was telegraphed to us this morning through the Mayor’s office in an interview with the Courier and Press?…a “couple of weeks” from today is coincidentally exactly May 23rd carefully chosen to minimize the impact of an unflattering pair of audits?…if bookmaking were legal in Indiana someone could create lots of action among those in the know on the subject of the release of these audits which as we have stated many times are alleged to be “ADVERSE OPINIONS” or in other words THE DEATH PENALTY OF AUDIT OPINIONS?
IS IT TRUE some Civic Center Moles have told us about the existence of a transcript of the exit interview that exists and is in the hands of people outside of the clutches of government that will expose any changes that may be made to these audits since the exit interview was conducted on March 12th?…it has now been 58 days since the exit interview and counting?…much mischief can occur in 58 days with respect to massaging the words or even the opinions if there are some willing players to make such things happen?…in our examination of the audit publication dates of other Indiana cities the City County Observer has checked over 20 of the largest cities and all of the audits were released in a timely manner whether the audits were flattering or not?…one city stands alone as lingering now for 17 months after the end of the audit period for reporting and that city is named Evansville?
IS IT TRUE given the fact that the 2011 audit was given a DISCLAIMER OPINION and the SBOA knew going in that the books had not been reconciled it would be expected that they would send the most competent and politically unencumbered team to Evansville they could have sent?…there are rumblings around town that he SBOA sent a bunch of unlicensed book keepers without a CPA license?…we are choosing not to believe such rumblings but we do understand that there is a faction of local government with a vested interest in preemptively discrediting the coming audit?…if the transcript of the exit interview and the actual report do not match there should be some forensic auditing to follow?
IS IT TRUE Mayor Winnecke opined yesterday that he is confident that the Hilton brand will be on the downtown convention hotel if it should ever really get built?…it is a mystery to us why the Mayor should even care what the brand is as long as it is a quality 3 Star or higher brand?…it would actually be a better move to eliminate competition for Hilton loyalty programs if the downtown hotel was any brand other than Hilton?…there is no logical place for political opinions on the brand choices of private businesses?…Hyatt, Marriott, or Sheraton would be perfectly good choices and would eliminate some of the sour grapes associated with this whole subsidized hotel process?
IS IT TRUE the City of Evansville has placed a social media policy on the shoulders of it’s employees that is pretty darn restrictive?…it is certain that the Facebook posts of Cemetery Director Chris Cooke earlier in the year inspired this new policy?…this new policy is so strict that it may violate the 1st Amendment that guarantees free speech?
IS IT TRUE we were asked whether or not the City of Evansville’s Fire and Police Departments have filed any complaint with the Federal Labor Board over working hours for which they are not being paid due to the City of Evansville willfully violating the comp time accrual laws?…we do not have an answer to that question but are quite curious to know?
EPD Activity Report: May 9, 2014
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Vanderburgh County Recent Booking Reports
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COA: State Had No Authority To Bring Paternity Action
By: Jennifer Nelson, www.theindianalawyer.com
A trial court erred in ordering a southern Indiana teen to undergo genetic testing to establish paternity of a stillborn child, the Indiana Court of Appeals held Thursday. It found the state, which filed the petition for paternity on behalf of the mother, had no authority to bring the action because there were no custody or support issues to be determined.
In In re the Paternity of D.M.: J.W. v. C.M., 10A01-1306-JP-253, C.M. and her mother asked the Clark County Prosecutor’s Office for assistance in establishing paternity of D.M. C.M. gave birth at home to D.M., who was stillborn. C.M. indicated that she did not know that she was pregnant and did not have any prenatal care. She said J.W. was the father, which he denies.
C.M. assigned her rights to the state pursuant to an assignment for persons not receiving public assistance and Title IV-D of the Social Security Act. J.W. filed a motion to dismiss, arguing because of the circumstances of D.M.’s birth, there were no prenatal, birth or postnatal expenses to be reimbursed, nor was C.M. receiving services or assistance from the state which could be reimbursed.
The trial court, noting there is a “dearth of guidance by our appellate courts†in cases such as these, denied J.W.’s motion. The judge found J.W. should bear the cost of DNA testing if he chooses to do so.
The Court of Appeals agreed there is a “dearth of guidance†on the particular point raised by this case, but disagreed with the decision to deny J.W.’s motion. In general, C.M., even though not receiving Title IV-D assistance, is allowed under state law to request the state’s assistance in pursuing a paternity action, and the state is authorized to do so.
But the purpose of Title IV-D and the Indiana Child Support program is to enforce support obligations owed to custodial parents and their children. Because J.W. would owe no support to D.M. even if his paternity was established, the state has no authority under the Indiana Child Support Program to bring this paternity action.
The prosecutor’s only interest in bringing a paternity action is to represent the child’s interests, but a stillborn child does not have any interests, the court held.
Paternity can still be established for a stillborn child, but just not in an action brought by the state. I.C. 31-14-4-1 provides a list of people or entities that may file a paternity action within two years of the child’s birth.
“Therefore, in an appropriate case, paternity of a stillborn child may be established for the purpose of recouping those costs,†Judge Margret Robb wrote.
“Although we understand and sympathize with C.M. and her family and their wish to legally establish paternity for purposes of closure, respect, and learning the truth, these are not issues that the paternity statutes are intended to remedy,†she continued in a footnote.