Court must consider man’s motion to prohibit release of criminal recor
Jennifer Nelson for www.theindianalawyer.com   
Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.
Hancock Superior Judge Dan E. Marshall denied John Alden’s motion on two grounds: Alden failed to provide notice to the Office of the Indiana Attorney General and the Indiana State Police Central Repository; and the Legislature had repealed I.C. 35-38-8-5.
Alden filed his motion to prohibit the release of his criminal record June 4, 2013, and served his motion only on the Hancock County prosecutor. Shortly after he filed the motion, the General Assembly repealed the statute.
Alden argued he met the requirements of the statute, which at the time allowed courts to restrict access to the conviction records of qualifying offenders eight years after they completed their sentences.
The Court of Appeals reiterated its April 30 ruling in Pittman v. State, that I.C. 35-38-8-3 does not require petitioners to serve notice on either the attorney general or the ISPCR. Alden fulfilled the notice requirements of Indiana Criminal Rule 18 by serving the prosecutor, the adverse party “of record†under the rule. The petition is an additional filing in the criminal case and not a new, free-standing cause of action.
The judges also found I.C. 1-1-5-6 dispositive; the statute applies to the repeal of a statute or part of a statute that has expired and provides that the repeal does not affect the validity of an action taken before the statute has expired.
“While Indiana courts have never interpreted this provision of the Indiana Code, its plain language indicates that a party has a right to pursue an action allowed by statute even if that statute is later repealed, as long as the party undertakes the action prior to the repeal. Accordingly, because Alden filed his motion before the Legislature repealed Indiana Code § 35-38-8-3, we conclude that the repeal did not affect the validity of his action,†Judge Rudolph Pyle III wrote in John Alden v. State of Indiana, 30A05-1309-MI-463.
Memorial Day Weekend Activity
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
The Vanderburgh County Sheriff’s Office investigated ten (10) motor vehicle crashes over the holiday weekend. In three (3) separate crashes, motorcyclists were ejected after leaving the roadway and colliding with an object. One rider was not wearing a helmet and succumbed to his injuries. Two (2) “Hit and Run†crashes resulting in damage to parked vehicles were also investigated.
Area law enforcement arrested eight (8) people over the extended weekend on charges of Operating a Motor Vehicle while Intoxicated. A Department of Natural Resources Conservation Officer booked one person on charges of Boating while Intoxicated.
Deputies detailed to work Memorial Day weekend Operation Pull Over enforcement issued over 25 citations for Seat Belt violations.
Traveling City Hall to Highlight Emergency Vehicle Alert System
The May Traveling City Hall program will be held tomorrow, May 28, from 5:30-7 p.m. at St. Theresa School, 600 Herndon Dr., in partnership with the Diamond-Stringtown Neighborhood Association. Mayor Lloyd Winnecke will open the session and introduce elected officials and city department heads. The meeting will feature a presentation on E-Light Emergency Vehicle Alert System, a state-of-the art emergency light warning system designed to enhance safety at traffic intersections.
The E-Light system consists of a flashing sign illuminated with high-output amber LED lights that is mounted adjacent to a traffic signal and activated to alert motorists of an approaching emergency vehicle, such as a fire truck, ambulance or police car. When an emergency vehicle equipped with a transmitter approaches an intersection the transmitter, which is activated on demand, relays a signal to a receiver on the light assembly starting the alert system’s flashing light.
The City of Evansville is waiting for federal approval to install an E-Light at the intersection of Fulton Avenue and Columbia Street for data collection. The data will be complied in a report to the U.S. Department of Transportation, which will analyze the data in consideration of rolling out the light system nationwide. The E-Light system has been installed in select cities in California and Michigan. Evansville is the first city to test the system in Indiana.
The E-light presentation will be followed by a question and answer session and an opportunity to talk one-on-one with Mayor Winnecke and other officials about issues related to local government.
The next Traveling City Hall program will be held on Wednesday, June 25, at St. Mary Catholic Church, 613 Cherry St., from 5:30-7 p.m. The meeting will feature a presentation by the Department of Metropolitan Development on the City of Evansville’s 2015-2019 Consolidated Plan.
State takes step to ban ingredients of Spice, other synthetic drugs
By Seth Morin
TheStatehouseFile.com
INDIANAPOLIS – The Indiana Board of Pharmacy has passed emergency laws banning four different compounds used in synthetic drugs, such as “Spice†and “K2.â€
Spice products are among the most popular illegal drugs used by young people – second only to marijuana, according to the National Institute on Drug Abuse. That’s because kids have easy access to them and Spice is not easily detected on drug tests.
“Synthetic drug abuse is a major concern to the Board of Pharmacy,†said Nicholas Rhoad, executive director of the Indiana Professional Licensing Agency. “These harmful products can be lethal and are being marketed to and targeted at Indiana’s youth.â€
The agency and Indiana State Police work together to identify the ingredients used in synthetic drugs so that the board can ban them. The new rules will extend into next year, which allows the legislature an opportunity to enact the rules into law.
“Hoosiers under the impression that designer drugs are safer than the illicit substances they are designed to mimic are paying with their lives. These haphazard, deadly concoctions are being marketed to young people, and the results are tragic,†said Sen. Jim Merritt, R-Indianapolis, in a statement responding to the new rules.
“To stop the designer drug trend we need a coordinated effort on all fronts, which is why I’m pleased to see the Board of Pharmacy working with the legislature and law enforcement to eradicate the use of poisons,†he said.
State officials said rogue chemists are able to alter the chemical formulas used in these drugs so they can stay ahead of lawmakers. Indiana law enables the board to pass emergency rules so law enforcement can take effective and timely action against the threat.
Seth Morin is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
VANDERBURGH COUNTY FELONY CHARGES
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 
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 22, 2014
Roger Wayne Brammer IIÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Dealing in Methamphetamine- Class A Felony
Possession of Marijuana- Class A Misdemeanor
Possession of Paraphernalia-Class A Misdemeanor
(Habitual Offender Enhancement)
Bradford Wayne Brothers                    Battery Resulting in Bodily Injury to a Pregnant Woman-
Class C Felony
Domestic Battery-Class A Misdemeanor
Tyrez Dushawn Brown                         Possession of Cocaine-Class D Felony
Carrying a Handgun Without a License-Class A Misdemeanor
Rodney Glenn Kessler                         Operating a Vehicle as an Habitual Traffic Violator-
Class D Felony
James Earl Ling                                         Dealing in Methamphetamine-Class A Felony
Maintaining a Common Nuisance-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor
(Habitual Offender Enhancement)
Deariel Vonsray Martinz Simmons        Possession of Cocaine-Class D Felony
Caleb Stephen Williams                         Possession of Methamphetamine-Class D Felony
Unlawful Possession of Syringe-Class D Felony
Syrina Rankin Intimidation- Class C Felony
Meredith Leigh Brammer                      Dealing in Methamphetamine-Class A Felony
Eva Gail Buck                                        Dealing in Methamphetamine-Class A Felony
Maintaining a Common Nuisance-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor
(Habitual Offender Enhancement)
Daniel Wayne Persinger                      Dealing in Methamphetamine-Class A Felony
(Habitual Offender Enhancement)
David Lee Wehr                               Failure of a Violent Sex Offender to Possess Identification
Class D Felony
David Bredemeier          Possession of Methamphetamine-Class D Felony
Tairan McBaine               Possession of Cocaine-Class D Felony
Resisting Law Enforcement-Class D Felony
Nicholas Mobley            Possession of Methamphetamine-Class D Felony
Possession of Schedule IV Controlled Substance-Class D Felony
John Perdue                     Possession of Schedule IV Controlled Substance-Class D Felony
Possession of Schedule II Controlled Substance-Class D Felony
Holly Smith                       Use of False Information To Obtain a Handgun-Class C Felony
False Statement on Criminal History Information Form-
Class D Felony
Joseph Wagner               Dealing in Methamphetamine-Class A Felony
Possession of Methamphetamine-Class C Felony
Possession of Paraphernalia-Class A Misdemeanor
Possession of Marijuana-Class A Misdemeanor
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
Smith Announces Formation Of Exploratory Committee For 5th Ward Seat
Contact: Steve Smith stevenlsmith58@gmail.com
For immediate release: May 27, 2014
Smith announces formation of exploratory committee
Today Steve Smith (D) 5th Ward Evansville city resident announced the formation of an exploratory committee to run for the 5th ward Evansville city council seat currently held by John Friend.
“The residents of Evansville are not getting the proper financial supervision and transparency they need and deserve,  Further our leaders have been focused on projects that have questionable returns to taxpayers while basic government services like sidewalks, parks, and water and sewers have been given low priority. It’s time for a new direction for our city. â€The City Council’s primary job is to serve as fiscal agent for the city. These recent failed audits and controversial projects have severely diminished the trust many citizens have in our city government and shown a failure to be a good steward and fiscal agent for the city.â€
“Hitting the accounting reset button may be the right thing to do to bring our financial statements in balance but they won’t fix the poor management and accounting controls within our city. Further, you can’t change the score of a game or the grade of a test after it’s concluded and auditors should not change their opinion after their field work is completed without further qualifications and disclaimers.†  “I want to use my accounting and financial background to restore out city’s financial integrity and to apply financial analysis and tests to make sure large capital projects have a positive cash flow and return on investment to our taxpayers.â€
“I would like to run a grass roots campaign in the style of Glenda Ritz and to make sure I bring objectivity independence, and integrity to the position I wouldn’t take campaign contributions from anyone doing business with the city.â€
Mr. Smith has a BS in accounting from Eastern Illinois University, passed the Uniform CPA exam in 1982, has an MBA with a concentration in finance from DePaul University, and is currently a self-employed financial advisor and tax preparer.
If you would like to be a part of Mr. Smith’s exploratory committee please contact him at stevenlsmith58@gmail.com
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ITT Technical Institute Donates Fuming Chamber to Evansville Police Department Foundation
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
On Friday, May 23rd ITT Technical Institute donated a fully automated Cyanoacrylate Fuming Chamber to the Evansville Police Department Foundation. The Fuming Chamber had previously been used in ITT’s Criminal Justice program. The Fuming Chamber will be used by the Evansville Police Department Crime Scene Unit. The Fuming Chamber is valued at over $5000.00. The Evansville Police Department Foundation and Evansville Police Department would like to thank ITT Technical Institute and Dean of Students Farshad Moshgbar for this generous donation.
The Fuming Chamber is designed to safely and effectively process items using the cyanoacrylate fuming method. It provides a controlled environment for processing latent fingerprints on most non-porous surfaces while eliminating exposure to hazardous fumes.
This Fuming Chamber uses an advanced ‘touch computer screen’ that monitors and controls humidity levels, hot plate fume cycle time, door lock, and internal circulation fans. All parameters are preset but can be user controlled by simply touching the computer screen. Once fuming is complete, a purge cycle evacuates harmful vapors through its high capacity carbon filter system.
Vanderburgh County Recent Booking Reports
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