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Commentary: Indiana and the NRA, a love story

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By Dan Carpenter

TheStatehouseFile.com

INDIANAPOLIS – It’s high time the National Rifle Association held its annual convention in Indianapolis. Lord knows the Indiana General Assembly, with encouragement from the governor’s office and little resistance from cautious public officials in the Circle City,

Dan Carpenter is a columnist for TheStatehouseFile.com and the author of "Indiana Out Loud."

Dan Carpenter is a columnist for TheStatehouseFile.com and the author of “Indiana Out Loud.”

has earned the honor.

Long ranked as one of the loosest states for gun traffic by federal authorities and firearms control advocates, Indiana has widened the lanes in recent years as its Republican majority has grown more reactionary and special interests such as the NRA have ratcheted up their influence.

Good to see it’s generated tourist dollars. Hard to see much sense in it otherwise.

You’d think there might be some soul-searching from a state that’s tagged by the feds as a major exporter of guns used in crimes elsewhere, owing to its exemption of “private” sales from background checks and its lack of caps on the number of weapons that can be purchased at one time.

Commentary button in JPG - no shadowYou might hope that a gun-rich state would take mass shootings in schools and workplaces as a hint to try some approach other than expanding the “right” to bring guns in one’s car to schools and workplaces.

You might expect a tough-on-crime state to respond to news reports of felons’ wrongfully obtaining gun permits in some way other than closing off the record of those permits to the public.

You might wonder why any state government facing a crisis of urban violence, such as that in Indianapolis, not only would ease restrictions on where guns can be carried but actually would forbid local governments from making their own rules in that regard.

You would not be familiar with how the mind of Indiana governance works.

What’s a stain of shame to many of us, including such radical incendiaries as police chiefs and emergency room physicians, is a badge of honor to the majority of our legislators, along with Gov. Mike Pence and his predecessor, Mitch Daniels.

Gun control is anathema to both those men; Daniels stamped his bona fides by opening state parks to firearms and Pence reacted to the Sandy Hook massacre by saying, in effect, don’t get carried away.

This was shortly after his election victory over Democrat John Gregg, who made sure voters knew he was “Bible-quotin’ and gun-totin’.” It is tough out there for Moms Against Guns, I’m here to tell you.

The list of favors to the gun lobby and Second Amendment fanatics is long and always lengthening; but the topper has to be the law enacted late in Daniels’ administration permitting householders to use force against any police officer or other public agent they believed to be unlawfully entering their home. This daft and potentially deadly sop to the fantasy frontier spirit came in response to an Indiana Supreme Court ruling against a man who’d fought with invading police. If they’re wrong, the court said, you have to complain or sue later; you’ve no inherent right to get physical.

A tough call; the only call, when you think about it. But when it comes to guns, the thinking over there seems to have all the range and focus of a sawed-off shotgun. I mean, talk about Stand Your Ground. This threatens the lives, not of annoying teenagers, but of cops and mail carriers. Just how conservative is that?

Providentially, no upstanding, licensed, rage-crazed homeowner has tested the home-is-your-castle law so far. And to our relief, much of the other gun legislation is mostly symbolic as well. Nobody has been checking Dad’s trunk when he’s come to pick up Junior; and if a House bill now pending passes as expected, nobody will be allowed to. It’s simply one more endorsement of a gun culture and a gun lobby that have made our communities a mine field that no number of gun control laws ever could sweep clean even if three ghosts visited the Statehouse tonight.

Praise the Lord and pass the ammunition, rightful Hoosiers. The way this legislature figures, you make us safer wherever you tote.

Oh, uh, but the Statehouse is off limits, of course.

Dan Carpenter is a freelance writer, a contributor to Indianapolis Business Journal and the author of “Indiana Out Loud.”

ICYMI: The Latest ObamaCare News

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Dr. Bucshon comments on ObamaCare delay – On Monday, Congressman Larry Bucshon, a physician from Southern Indiana, released the following statement after the Administration again unilaterally delayed part of ObamaCare. (2/10/14)

 

Manchin: Just Delay the Whole Law till 2015 – As he was headed to the Democratic caucus lunch yesterday, Senator Joe Manchin had strong words about the president’s extension of the employer mandate deadline. “You’re just picking and choosing,” the West Virginia Democrat said of the administration’s decision. “First it’s basically the large employers, then it’s medium groups, then it’s 50 to 100 — medium-sized. If there’s a problem, there’s a problem.” (National Review; 2/12/14)

 

ObamaCare Raises Medicaid Cost as Insurers Shift Tax Bill – Health insurers told to pay $150 billion in taxes over a decade to help fund ObamaCare are now shifting at least part of that cost back to taxpayers. (Bloomberg; 2/12/14)

 

The Whatever President – We were told that President Obama would wield his executive power this year to defy Congress. Instead, he is defying his own health-care law. The Obama administration announced this week it is delaying and changing the law’s employer mandate, the latest in a series of seat-of-the-pants revisions to ObamaCare. The president was eager to highlight steps he was taking to bypass Congress in his State of the Union last month, but left this one out. If he had demanded congressional action to delay the employer mandate, he surely would have gotten a bipartisan bill on his desk forthwith. Maybe we should revise his call for executive unilateralism in his speech: “If Congress will act … I still prefer to act on my own.” (Politico; 2/12/14)

New delay ensures ObamaCare to be issue in 2014, 2016 elections – President Barack Obama on Tuesday defended his administration’s latest decision to delay an aspect of the Affordable Care Act, saying the move was about “smoothing out” the health care law’s rocky implementation. Obama acknowledged that “challenges” exist in implementing the massive Affordable Care Act. (CNN; 2/11/14)

 

ObamaCare patients may encounter fewer doctors, longer wait times – Those who signed up for ObamaCare or were forced into it now are learning they’re going to face some nasty surprises when they seek care. “Many consumers ended up purchasing a plan through the exchange, thinking it would cover their normal set of physicians, and hospitals,” says Jim Capretta of the Ethics and Public Policy Center. “Now as they are using services, they are figuring out that they don’t.” (Fox News; 2/11/14)

 

California’s Physician Directories Removed Because of Errors  - The California health care exchange has taken down its physician directories, amid continuing complaints from doctors and patients alike that the lists of doctors and hospitals included in each insurance plan were error-riddled and unreliable. Since the October rollout of Covered California, inaccuracies have posed countless problems: The lists described doctors as fluent in languages they did not speak; obstetricians were labeled as ophthalmologists; and physicians were falsely listed under insurance plans that did not cover care at their offices. (The New York Times; 2/10/14)

COA affirms the voiding of $500,000 default judgment against American Legion post

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indianalawyer

Jennifer Nelson

for www.theindianalawyer.com

A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.

Mary L. Anderson slipped and fell on property owned by the Wayne Post 64, American Legion Corp. in June 2010. She sued and received a default judgment of $500,000 in 2012 when the American Legion failed to appear or respond to the complaint.

American Legion moved to set aside the default judgment, arguing it was void because Anderson had not served her complaint on it, so the court did not acquire personal jurisdiction over the organization.

Anderson had a Marion County Sheriff’s deputy leave a copy of the complaint and summons at 601 S. Holt Road, the registered address of Robert Eakins, the registered agent for the organization. But the deputy left the copy at the door of an outbuilding to the post instead of at the main building. Ken Cooper, the current registered agent for the American Legion, testified that the location of the door would make it difficult for someone to notice anything left there, and that it could have easily been blown away.

The sheriff’s deputy also mailed a copy of the complaint and summons by first class mail to the address.

Marion Superior Judge Heather Welch overturned the default judgment finding it void because of insufficient service of process. The Court of Appeals agreed.

“There is no question that Anderson failed to serve the American Legion in a manner authorized by our Trial Rules,” Judge Edward Najam wrote in Mary L. Anderson v. Wayne Post 64, American Legion Corp., 49A05-1309-CT-442. He noted that the copy of the summons and complaint should have been mailed by registered or certified mail, which requires acknowledgement of receipt, as outlined in Rule 4.1(A)(1). In addition, the sheriff’s deputy did not serve Eakins personally as required under Rule 4.1(A)(2).

The judges rejected Anderson’s claim that her attempt to serve process was still adequate. The deputy did not leave the summons and complaint in a place or with a person reasonably calculated to apprise the American Legion of her lawsuit against it, let alone employ a method that was better calculated to give notice than the methods authorized by the Trial Rules, Najam wrote.

Evansville Police Reports Policy Change Concerning Victims Privacy

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

EPD PATCH 2012 As most of you have noticed, the recent media reports have not included the names of the victims or the incident locations. The change was made after several victims voiced concerns about their privacy. Their concern was their info being made available to the suspect or associates of the suspect. We felt their concerns were legitimate enough to warrant the change. After the changes were made, we realized the impact it was having on keeping the community informed about events in their neighborhoods. While we do not want to ignore the concerns of crime victims, we feel that the public is better served by having access to the information that we had traditionally sent out. Because of that, we will be returning to our original format.

There will still be certain information redacted as there always has been. Those cases include death investigation victims, sexual based offense victims, juvenile victims, and individuals involved crisis intervention incidents. The information made available when you request a report will remain the same.
I have included an updated report for today

Sgt. Jason Cullum

Media Report 2 27 2014 to 2 28 2014

The Day of Reckoning for the Earthcare Energy LLC Loan is Here

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Evansville Mayor Lloyd Winnecke
Evansville Mayor Lloyd Winnecke

Two years ago Mayor Winnecke smiled and announced that the City of Evansville was going into business with Earthcare Energy LLC and would be providing financing in the amount of $5.0 Million to make that happen. Earthcare committed to create 120 jobs in Evansville and pay energy royalties back to the City.

After the City Council approved a $4.8 Million loan to Earthcare by a 5 – 4 controversial vote it was discovered that the City of Evansville had sneaked a $200,000 loan to Earthcare Energy through a little known loan committee. That loan is now due, the deal is off, and not one single job was created. The day of reckoning is upon the Civic Center doorstep. What can we expect next? Here are the options:

1. Get on with the collection of the money by whatever means is necessary.

2. Just forgive the loan and save us the expensive court battle to collect as the claims of the City for breach of contract will be difficult to prove.

3. Do nothing and hope this goes away and people just forget about it.

4. Enter into an extension agreement to delay the DAY OF RECKONING for someone else to deal with.

Of all of the choices #4 is the most cowardly but may well be the most likely given the past performance of the powers that be.

The following link is to the loan agreement that is now due in full. According to our sources the outstanding balance is $186,000.

Earthcare Loan Agreement

VANDERBURGH COUNTY FELONY CHARGES

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

 

nick herman

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Thursday, February 27, 2014.

 

Rachel Collins              Possession of Methamphetamine- Class D Felony

Possession of Schedule IV Controlled Substance – 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.

 

EPD Activity Report:

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EPD PATCH 2012

 

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

 

EPD Activity Report: February 28, 2014

Youth First! Visits the Statehouse

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Ron Bacon

 

Last week, I had the opportunity to visit with Youth First! as they visited the Statehouse to provide an update to Indiana’s southwest delegation.

 

Youth First! is a 501 (c) 3 organization in Evansville which aims to strengthen youth and families and maximize student success through the prevention of substance abuse and the promotion of healthy lifestyles.

 

Their main areas of concern include depression, anxiety, anger, substance abuse, peer conflicts, home and family conflicts as well as divorce and/or grief adjustment. Over the last year, through their social work programs and services, Youth First! has achieved improved parent/child bonding, peer resistance, coping skills and decision making skills.

 

While here, they presented us with their annual impact statement for the 2012-2013 school year. While they currently serve Vanderburgh, Warrick, Gibson and Posey counties, they reported that 58 percent of schools still need service, and 54 percent of students still need access to Youth First!’s social work programs.

 

To illustrate just how much of an impact they are having on our communities, Youth First! reports 11 life-saving interventions each week. In one year, that equates to 572 potential lives saved!

 

Their primary reason for coming to the Statehouse, however, was to announce that they had received a $500,000 grant, and as a result, they would be hiring four new full-time social workers and providing services at eight schools, bringing their total to 34 master’s level social workers serving at least 47 schools in at least five counties in southwest Indiana.

 

They will also be providing 60 evidence-based programs at up to 20 schools. These programs focus on youth safety and measure their success based on individual student concerns, school adjustment, problem behaviors, risk and protective factors such as communication and coping skills, as well as the percentage of students who graduate and are promoted to the next level. In six months, the organization will report back to us on their progress.

 

If there is one thing I have learned during my time in the legislature, it is the vulnerability of our youth. I believe that protecting our youth and preserving their childhood is an important challenge that we face. Sometimes, however, there isn’t necessarily a legislative fix. The legislature alone cannot teach a strong work ethic, a positive attitude, commitment to self-improvement or the ability to overcome adversity.

 

That is why it is so important to have organizations like Youth First! who are committed to improving our communities and serving as champions of our youth. It was a pleasure to have them at the Statehouse last week, and I look forward to hearing their future successes.

 

Commentary: Statehouse social media

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By Abdul Hakim-Shabazz
IndyPoltics.Org

A week or so ago, Republican State Sen. Mike Delph of Carmel talked about his “tweet heard around the world.”  He sent out a Twitter

Abdul Hakim-Shabazz is an attorney and the editor and publisher of IndyPoltics.Org.

Abdul Hakim-Shabazz is an attorney and the editor and publisher of IndyPoltics.Org.

message that there were not enough votes in the Senate caucus to restore the second sentence banning civil unions into HJR-3, the marriage amendment. Delph had broken the cardinal rule that what is said in Senate caucus stays there. A couple Commentary button in JPG - no shadowhundred twitter posts and a few days later Delph found himself stripped of Senate leadership position, no press secretary and stuck on the far side of the chamber surrounded by Democrats.

More recently in the Statehouse an amendment was added to a bill that would have allowed state contractors to discriminate based on religion.  No one would have noticed anything until it broke out on social media.  Within 24 hours the bill was sent back to committee and the amendment was removed.

And there’s no need to go back to the 2012 U.S. Senate race and the infamous “rape” comment which spread like wildfire, mostly due to Twitter and Facebook.

So what am I getting at?

Social media aren’t just for posting pictures of your kid’s soccer or basketball game.  You can do a lot more on Twitter than tell everyone you’re standing in line to see the new Lego movie.  (Which I did tweet was “totally awesome” after I saw it.)  Facebook, Twitter, Instagram, You Tube, blogs, you name it.  What once seemed like the sole purview of teenagers and 20-somethings to waste valuable time talking about absolutely nothing has become a very valuable asset in the world of politics and if you don’t know how to use it, you lose it.

For example, during the debate over House Joint Resolution 3, there was a group called “Young Hoosiers for Marriage” who supported traditional marriage.  About 100 of them held a rally at the statehouse showing their support for the amendment and wanting lawmakers to restore the second sentence. What they didn’t do was made sure they owned the internet domain name “Young Hoosiers for Marriage” because when you typed it in on the web, it took you straight to Freedom Indiana’s web page. Freedom Indiana was the group opposing HJR 3.  And to add insult to injury, with 10 minutes after “Young Hoosiers for Marriage” was announced there was a Facebook all set up by opponents of HJR 3 saying what a bad idea the second sentence was.   You may not like, but you have to respect it.

As I said, social media can be a very powerful tool which can easily make or break a candidate or an issue.  A political career can easily come to an end if you catch the right candidate doing the wrong thing at the right time.  Smart political operations not only master the art of social media by knowing how to properly get out information, but they also know how to monitor it.  And if you are smart and monitoring, or to use a technical term “following,”  a reporter’s Twitter account many times you can figure out where the reporters’s going with a particular story and know how to either do damage control or enhance your own political profile.

As the old saying goes, “politics ain’t no bean bag” and social media has made it a lot more fun and a lot more complicated.  By the way, you can follow me on Twitter at either AttyAbdul or IndyPoliticsOrg.   You’ll be doing yourself a big favor. Trust me on that one.

Abdul is an attorney and the editor and publisher of IndyPoltics.Org. He is also a frequent contributor to numerous Indiana media outlets. He can be reached at abdul@indypolitics.org.

House passes bill to ban Common Core

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By Erika Brock
TheStatehouseFile.com

INDIANAPOLIS – A bill to ban state education officials from using the controversial Common Core standards and replace them with Indiana-based curriculum rules passed the House with bipartisan support on Thursday.

But the legislation no longer appears terribly relevant. The State Board of Education is already working on new standards that are in some parts similar to the Common Core but diverging in other areas.

“It is the right thing to do for Indiana,” said the bill’s sponsor, Rep. Jeff Thompson, R-Lizton. “It sets up the guidelines needed to move forward.”

The bill requires new “college and career readiness standards” to be ready for the 2014-2015 school year. It also defines college and career readiness as standards that provide high school graduates with the “requisite knowledge and skill to transition without remediation to postsecondary education or training and ultimately into a sustainable career.”

However, the bill doesn’t require testing on the new standards right away. That would be implemented the following year.

Democratic Rep. Kreg Battles, a teacher in Vincennes, said the bill is “setting kids up for failure” because it doesn’t include a pilot program to try out the standards and testing program.

“If you know anything about testing you do not give a test unless it has been piloted first,” Battles said. He had offered an amendment on Wednesday that would have added a pilot program to the bill but it was shot down.

Rep. Vernon Smith, D-Gary, said that the reason for the pilot would have been to insure that the teachers will not be “teaching one thing and testing another.”

But Thompson said, “Nothing at all in this bill I can find that does not allow a department to do pilot testing.”

Last year, lawmakers passed legislation to pause the implementation of Common Core, which is a set of standards originally written by officials from several states but adopted by the administration of President Barack Obama. Last year’s bill also called for lawmakers and state education officials to reconsider the State Board of Education’s adoption of the standards.

Now, the board is holding public hearings on a different set of standards, which members want to implement by the next school year.

Erika Brock is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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