Home Blog Page 6519

7th Circuit vacates child porn supervised-release condition

0

by Dave Stafford for www.theindianalawyer.comindianalawyer

The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.

Scott Adkins of Gary was convicted of the heroin count and a charge of possession of a firearm by a felon in a jury trial before Chief Judge Philip P. Simon in the Northern District of Indiana in Hammond. Adkins later pleaded guilty in a separate case to receipt of child pornography.

Authorities in 2009 intercepted a UPS package containing heroin inside stuffed snowmen and tracked it to Adkins’ home with an electronic monitoring device. When Adkins opened the package, the device alerted and agents raided Adkins’ home.

A search turned up two guns and pornographic videos of girls appearing to be 7 or younger, according to the court. Adkins was sentenced to four years of supervised release on the heroin charge and three years of supervised release on the gun charge, concurrent to a term of 15 years supervised release on the child pornography charge.

In accepting supervised release on the child porn charge, Adkins agreed to a condition that he “shall not view or listen to any pornography or sexually stimulating material or sexually oriented material or patronize locations where such material is available.”

In United States of America v. Scott Adkins, 12-3738, 12-3739, Circuit Judge Joel Flaum wrote for the panel that Adkins was not entitled to a new trial on his argument that the District Court erred in admitting certain evidence and the that jury was improperly instructed. The panel agreed, though, that a special condition of Adkins’ supervised release was vague and constitutionally overbroad, and that it could be appealed even though Adkins agreed to an appeal waiver.

Flaum wrote that an appeal waiver does not preclude the court from reviewing a condition to determine whether it is constitutionally vague, which the panel ruled was the case. “Read literally, this provision might preclude Adkins from using a computer or entering a library – irrespective of what he views in either place,” Flaum wrote. “Indeed, he might not be able to ride the bus, enter a grocery store, watch television, open a magazine or newspaper, read a classic like Romeo and Juliet, or even go out in public (given the ubiquity of advertisements that use potentially sexually oriented or sexually stimulating images to pique customer interest).”

The panel remanded the case to the District Court with instructions to more narrowly tailor the condition.

A cellphone…a “selfie”… and a cell mate. Robbery suspect leaves smartphone at crime scene, leads to his arrest

0
 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.EPD PATCH 2012

Evansville Police arrested 20 year old Timothy Stiff last night on Armed Robbery charges.
Investigators believe Stiff robbed the Check Into Cash store on E Diamond Ave on Thursday night. Employees told police that Stiff came into the store and filled out a loan application. He then pointed a handgun at them and demanded money. He fled the store with an undetermined amount of cash. While he did not use his actual information on the loan paperwork, he did leave his cellphone behind as he fled.
Investigators obtained a search warrant for the phone and were then allowed to examine it. Several items on the phone, including some “selfies”, were used to identify Stiff as the suspect in the robbery.
Stiff was located late Friday night and arrested an Armed Robbery warrant. He is being held at the Vanderburgh County Jail.

The Arts Council announces Wicker vs. Graham Poetry Bout and Cocktail Hour

0

On February 7th at 5:30 P.M. The Arts Council of Southwestern Indiana, artscouncil

will be presenting Wicker vs. Graham Poetry Bout. This event will be held

at The Bower-Suhrheinrich Foundation Gallery, located at 318 Main Street

in downtown Evansville. It will feature a cocktail hour from 5:30 to 6:30 P.M.

followed by a poetry showdown from University of Southern Indiana Professors,

Marcus Wicker and Matthew Graham. The event is free and open to the public.

 

Marcus Wicker is the author of Maybe the Saddest Thing (Harper

Perennial), selected by D.A. Powell for the National Poetry Series.

He holds an MFA in creative writing from Indiana University. Wicker’s

awards include a 2011 Ruth Lilly Fellowship, as well as fellowships from

Cave Canem, and The Fine Arts Work Center. Marcus is an assistant

professor of English at the University of Southern Indiana and poetry

editor of Southern Indiana Review.

 

Matthew Graham is the author of three books of poetry, World

Without End, New World Architecture, and 1946, and is the recipient

of a number of awards and fellowships from The Academy of American

Poets, the Indiana Arts Commission, and the Vermont Studio Center. He

teaches creative writing at the University of Southern Indiana.

What happens when sewer systems overlap?

1

Ron Bacon

 

What happens when sewer systems overlap? In the case of the towns of Chandler and Newburgh, for many years nothing happened. However, when a new development project came to Warrick County and posed the potential for added businesses, this previously coexisting relationship began to deteriorate.

 

Under current law, a municipality has the power to operate a municipal sewage works in an area within four miles outside of its corporate boundaries. The towns of Newburgh and Chandler have overlapping sewer districts within that four mile area. From 1974- 2007, the two towns both provided sewer treatment in this overlapping area that existed outside of each of the towns’ corporate limits.

 

In 2007, the town of Newburgh passed an ordinance stating that they have the exclusive right to furnish sewer services within this area. Within a few weeks, Chandler followed suit. Five years later, developers who were building in the overlapping area went to both towns to determine the cost of sewage services. They found that Chandler’s services were much less expensive, so they chose their services over Newburgh’s.

 

As a result, the town of Newburgh sued for violation of the ordinance that was passed in 2007. The case was eventually brought to the Court of Appeals where Justice Shepard ruled in Newburgh’s favor, citing the “first-in-time” rule. After all, Newburgh had been the first to pass an ordinance.  However, Justice Shepard also explained that until state code is changed, there is nothing to prevent this from happening again somewhere else. Current Indiana code does not offer any guidance on how to proceed when more than one community has the ability to provide sewage services to the same area located outside of their corporate boundaries.

 

As you can imagine, this legal battle has proven to be very costly and even halted development in the area. This session, I have authored House Bill (HB) 1187 to preemptively protect communities, customers and businesses across the state from being plagued by this same issue. A recent GPS study found that this same problem could occur in 300 communities statewide, meaning the potential for 150 more lawsuits.

 

Most importantly however, I also want to protect the approximately 1,300 constituents that live in District 75 who are impacted by this. On Thursday, January 30, HB 1187 passed the House on third reading by a vote of 85-10. This bill aims to address this problem in two main ways.

 

First, it provides that any ordinance expressing that a municipality has the exclusive right to provide sewage services in an area within four miles outside of their corporate boundaries cannot be enforced until May 1, 2017, if the ordinance was adopted before January 1 of this year. Second, if such an ordinance was adopted after December 31, 2013, then it will be void as a result of this legislation.

 

What this means is that no new ordinance could be passed claiming exclusive rights to an overlapping area. For the time being, this also means that we would be reverting back to before Newburgh’s 2007 ordinance was passed, and they would not be able to enforce their ordinance until 2017. Those who were in the overlapping area and on Chandler’s service would be able to keep their service. Essentially, this is a three year protection for Chandler and 300 other communities across the state.

 

My hope is that during those three years, we can continue to further study this complex issue and come up with a plan moving forward. It is clear that something must be done, however we need to make certain that our solution will be applicable in any situation.

 

Personally, I believe that the people in these overlapping areas should be able to choose which sewage treatment service they want to utilize and which service is the most cost-effective for them. This is by no means the final version of the bill though. It will now be sent to the Senate for further discussion.

 

I look forward to working with the Senate as well as officials from Chandler, Newburgh and other towns across the state to ensure that we have the best final product when we send this legislation to be signed by the governor. An issue between Chandler and Newburgh may have prompted this, but it is truly intended for the benefit of all Hoosiers in every town in Indiana.

 

Titzer ’13 receives award for advancing nursing practice

0

 

Article Photo

USI alumna Dr. Jennifer Titzer is the 2013 winner of the American Association of Colleges of Nursing (AACN) Excellence in Advancing Nursing Practice Award for an outstanding capstone from a student in a Doctor of Nursing Practice (DNP) program.

Titzer graduated with the DNP from USI in 2013.  In her capstone project, titled Nurse Manager Succession Planning: Strengthening Health Systems for the Future, Titzer developed and implemented a model for strategic succession planning for the chief nursing officer in a large hospital system.

Titzer was nominated for the award by Dr. Maria Shirey, her faculty mentor and a former USI associate professor of nursing.

Dr. Sheila Hauck of St. Mary’s Medical Center helped Titzer implement the program at St. Mary’s. Hauck was a member of USI’s first graduating class in the master’s-level nursing program, when she completed a post-master’s certificate in the family nurse practitioner track. In 2011, she was among the first graduates of USI’s DNP program.

Read more about the project on the AACN website.

Titzer also was recently accepted as a participant in the Nurse Faculty Leadership Academy (NFLA) developed by Sigma Theta Tau International honor society of nursing in partnership with the Elsevier Foundation. The objective of the NFLA is to enhance the personal leadership development of new nurse faculty in order to promote faculty retention and cultivate high performing, supportive work environments.

Dementia: More Than Just Alzheimer’s

0

Dr. Arnold

By

Roy M. Arnold MD

As the population ages, the number of persons living with dementia is increasing. This column will discuss the most common causes of dementia, how they are manifested and how they may be delayed or prevented. First, what is dementia? Dementia is the acquired and persistent manifestation of brain function affecting recent memory, decision-making, and expressive speech sufficient to impair daily functioning. It may initially express itself as misplacing things, forgetting conversations or repeating questions. Speech may be impaired by not being able to find the right words for an action or object. Decision-making impairment may be manifested by forgetting to pay bills or disorganization.

The most common cause of dementia is Alzheimer’s disease which is characterized by accumulation of amyloid plaques and a tangling of nerve fibers in the brain. It accounts for 60-80% of all dementia and is the fifth most common cause of death in the US. The second most common cause of dementia is Vascular Dementia which accounts for 10-20% of cases. It is caused by recurrent tiny vascular occlusions throughout the brain causing mini-strokes. When the damage becomes widespread, dementia can result. The remaining 10-20% of cases are caused by a variety of conditions such as Lewy body disease, frontotemporal dementia, alcoholism, Creutzfeldt-Jacob disease and normal pressure hydrocephalus. Rarely infections or nutritional deficiencies may cause dementia. Fewer than 2% of cases of dementia are due to a correctable cause such as infection, normal pressure hydrocephalus, nutritional deficiency or depression.

Dementia is rare prior to age 50, occurs in about 2% of those aged 60-69, but increases to 20-25% in those aged 80-89. The sex distribution is equal in males and females, however in absolute numbers more women are afflicted because women tend to live longer.

Dementia is usually diagnosed by clinical examination and by history. Special testing such as neuropsychologic testing or brain imaging is often performed. Unfortunately, treatment for Alzheimer’s disease and other forms of dementia is limited. Only 2 categories of drugs have been studied in treating Alzheimer’s dementia. First are cholinesterase inhibitors such as Aricept, Exelon and Razadyne. Multiple studies have shown that these drugs can delay the progression of mild cognitive impairment 12-24 months. In the long run however they do not have an effect on overall cognitive decline, disability or death. The second class is NMDA inhibitors of which only one, Namenda is approved in the US. This drug works through a different neural pathway and can improve short term memory function, and decision-making temporarily. It’s effects are not long-lasting and are similar to the cholinesterase inhibitors. Neither of these categories of drugs have been thoroughly studied in other types of dementia, although they are commonly used off-label for those disorders. Several studies have shown promising results using anti-oxidants such as Vitamin E and beta-carotene. More studies need to be done before any firm conclusions can be drawn about the efficacy or lack thereof.

How can persons lessen their chances of developing dementia? First and foremost, the healthier one is entering the seventh decade of life (60+) the less likely one is to develop dementia. Physical conditioning through exercise has a protective effect against dementia that lasts as long as the physical conditioning continues. Being at or near Ideal Body Weight also has a protective effect.

Intellectual activities and cognitive training can stimulate brain function and delay the onset or progression of dementia. Reading educational books, magazines or online publications, brain games, learning a new skill like another language, a new pastime like knitting, cooking or gardening can improve cognitive function later in life.

Social activities like volunteer work, civic or social clubs, or even political activities can lessen cognitive decline.

Healthy diet is important in maintaining overall health, as well as building cognitive functioning. A diet rich in fruits and vegetables, high in protein and with limited amounts of animal fat and alcohol can delay the progression from normal intellectual functioning to cognitive impairment. This effect may be related to the higher antioxidant content of such a diet.

In summary, get fit, stay fit, eat healthy, interact socially, and stimulate your intellect. Even if mild cognitive impairment already exists, these steps have been shown to substantially delay progression. Those of you with loved ones who are experiencing early signs of cognitive impairment, should encourage them to engage in some of these activities after consulting with their healthcare providers.

The Alzheimer’s Association (www.alz.org) has a wealth of information on their website and a local chapter. They can be found on the web at www.alz.org/kyin

 

RECYCLE DAY

0
cityofevansville
Date:2/1/2014 8:00 AM – 12:00 PM
Location:Old Walmart west parking lot
4595 University Drive
Evansville, Indiana
ITEMS TO BRING: (Please be sure items are clean and sorted.)

Aluminum cans
Metal food cans
Cardboard
Catalogs/magazines
Newspaper
Mixed paper
Glass containers
#1 thru #7 plastic containers – no Styrofoam or plastic bags

Vanderburgh County Residents Only

*weather permitting*

Suspect named in “Check Into Cash” armed robbery

0
 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Evansville Police have identified 20 year old TIMOTHY STIFF as the man

who robbed the Check Into Cash store at 630 E. Diamond last night.
Two employees were in the store at the time of the robbery. They told

investigators that Stiff robbed them at gunpoint and fled the store.
Investigators were unable to locate Stiff last night. Anyone with

information about Stiff is asked to call 911.

 

VANDERBURGH COUNTY FELONY CHARGES

0

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, January 30, 2014

 

Jacob Egan                          Criminal Recklessness-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.

 

Â