SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
EPD Activity Report October 22, 2014
Split COA reverses denial of post-conviction relief
Dave Stafford for www.theindianalawyer.com
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
In April 2007, Gary A. Gallien and two accomplices drove a stolen vehicle to a Floyds Knobs Goodwill store. They broke in, stealing $71 and a handcart. Minutes later, they drove to nearby Galena, smashing the vehicle into Sammy-O’s Tavern and hauling away an automatic teller machine. Gallien was arrested a short time later.
A Floyd Circuit jury convicted Gallien of two counts of Class C felony burglary, two counts of Class D felony theft and one count of Class D felony receiving stolen property. Gallien was sentenced to an aggregate 28 years in prison – eight years each served consecutively on the burglary counts, enhanced by 12 years for his habitual offender status. He also received a concurrent sentence of three years for receiving stolen property.
Judge Michael Barnes wrote for the majority joined by Judge Elaine Brown that an analysis of whether the burglaries could be described without referring to each other, as the post-conviction court did, was not dispositive of whether the crimes constituted a single episode of criminal conduct, nor was the fact that two businesses were burglarized.
“Instead, we focus on the small distance between the two burglaries, the short amount of time between them, and the apparent scheme that tied them together. Based on that analysis, we conclude that the two burglaries were ‘closely related in time, place, and circumstance,’†Barnes wrote in Gary A. Gallien v. State of Indiana, 22A01-1402-PC-50.
“As a result, the consecutive sentencing limitation of Indiana Code Section 35-50-1-2 is applicable, and the maximum consecutive sentence possible for the two burglaries was ten years rather than the sixteen years imposed by the trial court. Gallien was prejudiced by his appellate counsel’s failure to raise the issue.â€
Judge Cale Bradford wrote in dissent he would affirm the post-conviction court.
“It is of note that this court has issued a large number of seemingly inconsistent opinions regarding what constitutes a single episode of criminal conduct, some of which would tend to indicate that Gallien’s actions might be found to constitute a single episode of criminal conduct on appeal. As such, I must agree with the majority that the question of whether Gallien’s actions constituted a single episode of criminal conduct, which would limit his potential sentence to ten years rather than the sixteen imposed by the trial court, was significant and obvious from the face of the record,†Bradford wrote.
“However, even if appellate counsel’s failure to raise this issue on direct appeal amounted to deficient performance, I do not believe that the post-conviction record demonstrates that Gallien established that he was prejudiced by the allegedly deficient performance.â€
Movie Premiere – “Forever Honorâ€
Evansville, IN October 22, 2014, Wednesday, from 7:00 – 8:00 pm the Freedom Heritage Museum is sponsoring the original short film “Forever Honor†to be shown for the first time. The public is invited to attend at the Showplace Cinemas East on Morgan Center Dr. (use the IMAX entrance). The suggested entrance/donation fee is $5 (all proceeds will go to the Freedom Heritage Museum). Reservations can be made at 812-759-8186. The theater holds 250 people. A second showing will follow immediately after the first to accommodate an overflow crowd.
The purpose of the Movie Premier is to thank all those that collaborated in making the 70th Anniversary D-Day Reenactment on 14 June 2014 at Dress Plaza. The D-Day Reenactment was the most talked about and successful program of the 2014 ShrinersFest Air Show. This one time event recreated D-Day by having 1.) Naval support: LST-325 and their Higgins boat, 2.) Air support: two P-47 Thunderbolts strafing (all made in Evansville!), and 3.) Ground support: American GIs landing on Dress Plaza to capture the Nazi positions. Reenactors from IN, KY, TN, MO, IL, and OH participated. The 70th Anniversary D-Day Reenactment was dedicated to the Greatest Generation who pulled together, endured rationing, and made the personal sacrifices to win WWII and protect our freedoms. Professional videographers and photographers were imbedded in the action to produce this short film. The “Forever Honor†Producer/Editor/Director is Steve Oglesby of Oglesby Digital.
In the same spirit of 70 years ago with the D-Day Normandy invasion being a collaboration of various Allies, our D-Day Reenactment on June 14, 2014 was a collaboration of the Freedom Heritage Museum, LST-325 (USS LST Ship Memorial), Hadi Shiners of Evansville, and City of Evansville. Representatives of these organizations will be on hand to meet the public, in addition to Allen Sanderson (P-47 combat pilot who flew on D-Day June 6th 1944), Brad Byrd (narrator of the event), members of the Greatest Generation, and notable local politicians.
All are invited to attend this Movie Premier to see what happens when we work together for our community and promote the mission of the Freedom Heritage Museum.
About the Freedom Heritage Museum
The Freedom Heritage Museum (FHM) is a not-for-profit museum located in Evansville, IN that is dedicated to providing all generations a glimpse into the role of Evansville’s manufacturing support during World War II. This is done through the preservation of artifacts produced in Evansville and the Tri-State and by the telling of the veterans’ and home front heroes’ stories. It is important to DISCOVER, LEARN, REMEMBER, HONOR the deeds of the Greatest Generation and how it impacted today’s world. To learn more about the Freedom Heritage Museum or to donate, visit www.FreedomHeritageMuseum.org.
Former Daycare Teacher’s Aide Arrested for Battering a 3-Year-Old Child
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Indiana State Police initiated a criminal investigation in September after receiving information a three-year-old female was allegedly battered while attending Children’s Learning Center, 2100 West Fourth Street, Mt. Vernon.
During the investigation, Detective Alan Sherretz determined that Meghann Stevens, 25, of Evansville, was the teacher’s aide for the three-year-old girl. On September 5th, three children were crying in a classroom when Stevens’ allegedly picked up the three-year-old girl and sat down on a nearby chair. Stevens was holding the three-year-old on her lap when she allegedly squeezed her rib cage, causing pain and red marks.
After reviewing this investigation, the Posey County Prosecutor issued an arrest warrant for Stevens. Last night at approximately 7:00, Stevens was arrested at her residence without incident. She was taken to the Posey County Jail where she posted a $1,000 cash bond and was released.
Stevens is no longer employed at Children’s Learning Center.
ARRESTED AND CHARGE:
• Meghann Chelsey Stevens, 25, 109 Adams Street, Evansville, IN
1. Battery on a Person less than 14 years old, Level 6 Felony
VANDERBURGH 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 Friday, October 17, 2014
Ashlea Einerwold         Possession of Methamphetamine-Level 6 Felony
Possession of Paraphernalia-Class A Misdemeanor
Driving While Suspended-Class A Misdemeanor
Possession of Marijuana-Class B Misdemeanor
Angela Logan                 Possession of Methamphetamine-Level 6 Felony
Possession of a Controlled Substance-Class A Misdemeanor
Stevie Sales Jr          Domestic Battery-Level 6 Felony
Patty Tucker                 Resisting Law Enforcement-Level 6 Felony
Unlawful Possession of Syringe-Level 6 Felony
Criminal Recklessness-Class B Misdemeanor
Resisting Law Enforcement-Class A Misdemeanor
Theft-Class A Misdemeanor
Failure to Stop after Accident Resulting in Damage to an Attended Vehicle-Class
C Misdemeanor
Brian Baumgartner Possession of Methamphetamine-Level 6 Felony
Unlawful Possession of Syringe-Level 6 Felony
Possession of a Controlled Substance-Class A Misdemeanor
Ronald Dunn Jr             Possession of Methamphetamine-Level 6 Felony
Possession of Paraphernalia-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 presumed to be innocent until proven guilty by a court of law.
CELL Endorses EVSC Early College High School
Janet Boyle, assistant executive director of the Center of Excellence in Leadership of Learning (CELL) in Indianapolis, presented to the EVSC Board of School Trustees on Oct. 20, regarding the newly endorsed status of EVSC’s Early College High School innovative program. She said EVSC is the eighth Early College in the state to receive the high quality endorsement.
Tyonka Collins, assistant director of educational initiatives with CELL, shared some of the reasons EVSC’s Early College has now been named an officially endorsed Early College in Indiana. She said on visits to this location it was evident the 1 on 1 attention students receive. “It is a really great environment for students,†she said, noting that teachers know students by name, know their degree paths and their interests.
She said EVSC’s location has worked hard to establish a dual credit pathway; and now has a 30-hour block of credits that can be transferred to any college in the state, which boosts the likelihood students will complete their degree. She also added that Ivy Tech has been a “great partner.â€
She thanked the board and the district for its commitment to providing needed resources, like a full-time administrator and bus transportation from the five feeder schools.
Mesker Park Zoo & Botanic Garden zookeepers receive national award for care of Mexican gray wolves.
The Jean M. Hromadka AAZK Excellence in Animal Care Award was recently awarded to Mesker Park Zoo & Botanic Garden zookeepers Mary Ann Cisneros, Bobbi Crouch, Sarah Duncan and Rachel McKee. The team was recruited to hand rear two Mexican gray wolf pups and oversee their fostering to an adult pair of wolves at the zoo. These four zookeepers put in over 700 hours of efforts during the process. They join a very specialized group of individuals who are directly involved in the Mexican Gray Wolf Species Survival Program. The two males offer significant gains in diversifying the genetic population of the wolves.
The American Association of ZooKeepers (AAZK) is a membership association for animal care professionals. Each year AAZK recognizes
outstanding achievements within their organization. It is the first time Mesker Park Zoo & Botanic Garden professionals have been awarded this top honor. Rachel McKee said, “While it is awesome to have our efforts recognized, the bigger victory is for this species — this is a huge win for the Mexican gray population!â€
The Mexican gray wolf is the most endangered wolf species in the world. Mesker Park Zoo & Botanic Garden officials are working with the U.S. Fish and Wildlife Service to increase the population of wolves both through captive and in-the-wild monitoring. Native territories for the wolves include Arizona, New Mexico and the country of Mexico.
Visitors to Mesker Park Zoo & Botanic Garden from October 21st through 25th have the opportunity to learn more about the Mexican gray wolf during daily Keeper Chats at 10:30 a.m. and 1:00 p.m. at the Mexican gray wolf exhibit. Keeper Chats are free with admission.
Mesker Park Zoo & Botanic Garden is open 365 days a year. For additional information on Mesker Park Zoo & Botanic Garden, including details on zoo membership and admission prices, visit www.meskerparkzoo.com.
GOP calls out Beth White for violating well-known election law
Chairman Tim Berry questions how voters can trust
White to oversee the integrity of the election process
INDIANAPOLIS – The Indiana Republican Party plans to file a complaint against the Democrat candidate for Secretary of State Beth White for violating state election law.
Indiana Republican Party Chairman Tim Berry said post card-sized campaign literature being distributed by Beth White and her campaign does not include the required disclaimer that provides voters with transparency on political expenditures.
“Democrat Beth White is asking voters to make her the state’s chief election officer, but she failed to follow a very well-known state election law,†Berry said. “Perhaps shorter isn’t better when it refers to the shortcut Beth White took in deciding to distribute political literature without disclosing who is actually paying for it. Who is paying for this material? How many pieces of this literature have White and her campaign distributed? How can voters trust Beth White to oversee the integrity of the election process when she is already blatantly disregarding commonly known election law?â€
Berry plans to file a written complaint with the Indiana Election Division and the Beth White for Indiana campaign.
According to the Indiana Election Division, a disclaimer identifies who paid for certain political material and whether any candidate approves of the material if the material is paid for by someone other than the candidate. Under Indiana law, candidates for state office must print a disclaimer on literature if the material clearly identifies the candidate and expressly advocates the election or defeat of a clearly identified candidate. The penalty is a Class A misdemeanor, punishable by up to a $5,000 fine or one year in jail or both.
Disney Junior Live! Pirate and Princess Adventure
TICKETMASTER ME + 3 SPECIAL TICKET OFFER!
Purchase 4 of the $33 tickets for Disney Jr Live! Pirate and
Princess Adventure for only $25.50 each. It’s like getting
the 4th ticket free! (Limit of 8). This offer runs from Wednesday, Oct. 22nd at 10:00am through Friday, Oct. 24th at 10:00pm only.
PROMO CODE: TMNME3
Grab your tiaras and doubloons and join us for Disney Junior Live On Tour! Pirate & Princess Adventure. Mickey and Minnie are taking their seats too at this never-before-seen live show featuring your favorite characters from Disney Junior’s hit series, Sofia the First and Jake and the Never Land Pirates. Get swept up in the excitement as Sofia and her family prepare for a royal celebration that helps us all learn the true meaning of being a princess with a special appearance from Cinderella. Then it’s off to Never Land where Jake and his swashbuckling friends Izzy and Cubby, with a little help from Peter Pan, battle Captain Hook to unlock treasure hidden inside a mysterious volcano. It’s danger and dueling on the high seas as Jake discovers what it takes to be a true hero. Filled with new music, amazing effects, thrilling action and endless surprises, your whole family will sing, shout, and soar into the action when Disney Junior Live On Tour! Pirate & Princess Adventure sails into your hometown.
Special bonus! Starting ten minutes before every performance join loveable Doc McStuffins for a special pre-show! You can help Doc take care of one of her beloved toys with her own special brand of love and magic. Free to all ticket holders.
DISNEY JUNIOR LIVE!
PIRATE AND PRINCESS ADVENTURE
Sunday, October 26 at 12:30pm
and 3:30pm
IS IT TRUE October 22, 2014
IS IT TRUE the Civic Center Moles are telling us that a change may be in the making with the Evansville Redevelopment Commission?…there is at least one seat that is up for re-appointment an it seems as though the seat has gotten pretty hot for the person sitting in it now?…to be a “good” member of the ERC one needs to have the ability to think analytically and have the backbone to call out the nonsense that gets slipped through the ERC?…it is time for an independent, intelligent, and courageous person who is in no ones pocket to be appointed to the ERC?…it is really time for five such people but if we can actually get one that will be a good start?
IS IT TRUE the shadow of a shovel in a pile of sand has not yet been seen down at the lot where the obsolete new hotel sign is?…no permits have been issued to start a hotel, and the Old National Bank has not announced a $14 Million payment to the Centre for the naming rights?…we suspect the wheels of progress ( if this is indeed progress) have once again collided with the truth of reality?…it is time to start according to the latest PR nonsense, but it is also 6 weeks from the time one better not start due to inclimate weather?
IS IT TRUEÂ Mayor Winnecke got to do his favorite thing yesterday and flipped some sand along with a wildly hyped jobs announcement?…the hoopla was all over exactly 18 jobs that are being opened at Mead Johnson?…the total of the incentives granted to Mead Johnson to get these 18 jobs amounted to $3.75 Million or a federal stimulus busting $208,333 per job of incentives?…this is an okay thing for Evansville since these jobs pay about $60,000 each, but it is really a spectacular thing for the 18 people who get the jobs and relatively insignificant to the 120,000 other people who will not get one of these 18 jobs?…on the other end of town a new Los Bravos was announced which will have seating for 200 people?…it is a certainty that this restaurant will be hiring way more than 18 people and is doing so without the benefit of a public handout?
IS IT TRUE that the McCurdy is once again on the docket of the ERC and this time it is really ready to go?…that is of course if and we must say if some federal tax credits are ready to stoke the fire to get a flame started?…we must remind you that it has been 2,340 days since a proud former Mayor Wienzapfel proclaimed the deal of the century with one of his Indianapolis campaign contributors that would transform the classic old hotel into luxury apartments?…we hope it is for real this time but do not recommend holding your breath until this gets started to anyone who values their life?
IS IT TRUE a controversial mailer was were sent to people who live in District 76 which includes parts of Posey County, Vanderburgh County, and Gibson County? …this mailer was sent to people who live in District 76 which includes parts of Posey County, Vanderburgh County, and Gibson County? … District 76 voters are receiving this controversial mailer alleging that State Representative Wendy McNamara’s property taxes have gone down $700 since she became an elected office holder? …this mailer was sent out by the Indiana State Democratic Party?
IS IT TRUE the City County Observer has requested Ms. McNamara give us a official response concerning a controversial campaign mailer recently sent out to voters of her district? …as of today we haven’t heard from Ms. McNamara concerning this issue? …we have inserted the link of a copy of the controversial mailer sent out by Indiana State Democratic Party alleging that Ms. McNamara’s received special treatment concerning her property taxes?
Click on these 2 links to read :Â Mailer 1Â Â Â Â Â Mailer 2