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IS IT TRUE February 26, 2014

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IS IT TRUE February 26, 2014

IS IT TRUE that Evansville Mayor Lloyd Winnecke has rescheduled the GOLDEN SHOVEL moment for the downtown convention hotel for March 10, 2014 at 3 PM on the soon to be construction site?…it was announced yesterday along with the news that HCW of Branson, Missouri has secured favorable financing for the project to move forward?…the players in the financing of course are local government to the tune of $20 Million, Old National Bank with up to $14 Million, and HCW for the balance of $37 Million as a combination of loans and down payment?…we can actually breathe a sigh of relief that this project was able to be financed as deals like this for hotels do not come forward everyday for mid-sized American cities?…we must realize that this is a ceremony and not a real construction event?…there is much work to be done, permits to be issued, and the “moorings” problem with the site to be mitigated before real work can begin but this is a step in the right direction?…we hope there is not another surprise delay in this nearly 6 year saga?

IS IT TRUE that the Public Policy Forum that will be run by the law firm of Woods and Woods and broadcasted by the City County Observer would like to reach out to County Councilman Pete Swaim and invite him to get back to his original decision to participate?…this forum will be an opportunity for Swaim and all candidates for every office to have an opportunity to discuss their beliefs on what good public policy is?…as anyone who has ever been connected to a campaign knows, it is rare that an opportunity to be heard for free presents itself on a silver platter?…we wonder what it would tell the voting public if a discussion or debate were held and one of the candidates refused to show up?…that empty podium would speak very loudly to most voters?

IS IT TRUE the Ford Center has recently announced two shows that are coming to Evansville?…the first announcement is that the 70’s soft rock band Chicago which is no stranger to Evansville will be performing?…the other act that has been announced is a rock and roll outfit from San Jose, CA that was formed in 1994 and call themselves Smashmouth?…Smashmouth’s most recognizable song to most people is the remake of the Monkees classic “I’m a Believer”?…while both of these bands enjoy fan bases they have not been selling out arenas lately?…both have been playing in venues more like building formerly known as The Centre or even the Victory Theatre?…while Ford Center has some great acoustics we hope that another attendance debacle like the one that Kansas experienced at Ford Center does not mar the experience?

IS IT TRUE President Obama just can’t seem to break out of campaign mode when talking about the successes of the Affordable Care Act (aka ObamaCare)?…that in a speech in Tampa, Florida last week the President claimed that the Medicaid expansion has gotten 7 Million people healthcare who did not have it before?…the Washington Post awarded the President 4 PINOCHIOS for his claim which basically equates to a premeditated bare faced lie?…the Tampa Bay Times investigated the speech that was given in their own backyard and found that most of the new sign-ups were “churn” which means previously covered people are just opting to replace their previous policies with Medicare?…the Times after investigating rated the President’s claim as FALSE and opined that the real number is between 1 Million and 2.8 Million?

IS IT TRUE in a world where CBO studies, CMS (Center for Medicaid Studies), and the HHS are subject to sunshine laws and the truth can be discovered in real time for those willing to look the President of the United States should have better sense than to parrot deliberate lies?…for someone of this stature to stand before the American people and tell lie after lie about such an important subject either means the President has no respect at all for the American mental capacity or is channeling former Republican Presidential advisor, Lee Atwater’s mantra of “that’s my story and I’m sticking to it”?…no matter what the truth is, or what harm is done, it seems like this administration is dealing with the fallout from Obamacare by stiff-arming Congress and the press and giving the voters the finger?

Newspapers, charities among organizations exempted from Do Not Call expansion

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By Ally Marlowstatehouse_logo_final-graybackground-003-1

TheStatehouseFile.com        

INDIANAPOLIS – A House committee unanimously passed a bill Monday that would expand restrictions on telephone solicitation – after adding an amendment to exempt some types of organizations.

Senate Bill 349 would amend the Indiana “Do Not Call” law to include suppliers in consumer transactions and callers in commercial telephone solicitations. Monday’s amendment would exempt certain organizations with business partnerships – including newspapers, insurance companies and charities from this law

Rep. Todd Huston, R-Fishers, said that something needs to be done to control the overwhelming amount of telephone soliciting that is happening overseas and around the nation.

“It’s difficult to identify the caller because the tactics are becoming more complex,” Huston said.

He said law enforcement is having a hard time identifying where most of the calls are coming from, because they are generated in an overseas company and then directed back to an organization in the United States

Huston said that the bill would expand the liability of companies producing these calls and would make it illegal for a person to knowingly assist in an illegal call.

“This is not going to be a silver bullet, but just another enforcement tool,” said Huston.

The bill now moves to the full House for consideration.

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

Vanderburgh County recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.

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

 

JACOB MATTHEW CARROLL
Race: White / Sex: Male / Age: 29
Residence: 712 S HOOSIER AVE EVANSVILLE , IN
Booked: 2/26/2014 8:01:00 AM
CHARGE BOND AMT
OTHER AGENCIES CHARGES 0
Total Bond Amount: NO BOND
JODY LYNN DOZIER
Race: White / Sex: Female / Age: 35
Residence: PO BOX 343 CYNTHIANA , IN
Booked: 2/26/2014 2:49:00 AM
CHARGE BOND AMT
OMVWI-B A C .15% OR MORE [AM] 0
OMVWI [CM] 0
Total Bond Amount: NO BOND
MARY EVELYN COSTELLO
Race: White / Sex: Female / Age: 28
Residence: 2617 STERLING DR EVANSVILLE, IN
Booked: 2/25/2014 10:43:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $250
SCOTT MATTHEW COBB
Race: White / Sex: Male / Age: 28
Residence: 12245 WINTERFALLS LN EVANSVILLE , IN
Booked: 2/25/2014 10:33:00 PM
CHARGE BOND AMT
VCCC FILED PTR 0
VCCC FILED PTR 0
Total Bond Amount: NO BOND
BOBBIE LOU BALTZELL
Race: Black / Sex: Male / Age: 55
Residence: 324 NW SIXTH ST EVANSVILLE , IN
Booked: 2/25/2014 7:00:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
PAROLE VIOLATION – STATE 0
Total Bond Amount: NO BOND
CHRISTOPHER JERMAINE HUNTSPON
Race: Black / Sex: Male / Age: 38
Residence: 517 ST ANN ST OWENSBORO, KY
Booked: 2/25/2014 6:01:00 PM
CHARGE BOND AMT
WRIT OF ATTACHMENT 5000
WRIT OF ATTACHMENT 5000
Total Bond Amount: $10000
KEYONTAY KORTEZ SIMPSON
Race: Black / Sex: Male / Age: 20
Residence: 713 COVERT AVE EVANSVILLE , IN
Booked: 2/25/2014 5:43:00 PM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $250
JOSEPH KEVIN FEGAN
Race: White / Sex: Male / Age: 36
Residence: 1950 LISLE CT EVANSVILLE, IN
Booked: 2/25/2014 5:26:00 PM
CHARGE BOND AMT
NARC-POSS METHAMPHETAMINE [DF] 0
Total Bond Amount: NO BOND
KEVIN EUGENE HURT
Race: White / Sex: Male / Age: 48
Residence: 2021 OLD BUSINESS 41 EVANSVILLE , IN
Booked: 2/25/2014 3:30:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $250
BRENT ALLEN DAVIDSON
Race: White / Sex: Male / Age: 28
Residence: 3416 STRATFORD RD EVANSVILLE, IN
Booked: 2/25/2014 3:04:00 PM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
DWAYNE JULIAN GREEN
Race: Black / Sex: Male / Age: 24
Residence: 1209 MARSHALL EVANSVILLE , IN
Booked: 2/25/2014 2:21:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $500
LAUREN EMILY NELSON
Race: White / Sex: Female / Age: 25
Residence: 1017 COVERT AVE EVANSVILLE, IN
Booked: 2/25/2014 1:41:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
TRAFFIC-OPERATE HTV [DF] 0
FALSE INFORMING / REPORTING [AM] 100
Total Bond Amount: NO BOND
KYLE JEFFREY PRIBBLE
Race: White / Sex: Male / Age: 23
Residence: 1508 RAVENSWOOD DR EVANSVILLE, IN
Booked: 2/25/2014 1:23:00 PM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
Total Bond Amount: $0
ROBERT KIRK JOHNSON
Race: Black / Sex: Male / Age: 51
Residence: 416 E EICHEL AVE EVANSVILLE, IN
Booked: 2/25/2014 11:54:00 AM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $250
DIAMANTE SHAWNLEEL JONES
Race: Black / Sex: Male / Age: 21
Residence: 3665 JACKSON AVE EVANSVILLE , IN
Booked: 2/25/2014 11:39:00 AM
CHARGE BOND AMT
NARC-DEALING COCAINE (CONSPIRACY) [AF] 100000
PETITION TO REVOKE PROBATION 0
CRIMINAL GANG ACTIVITY [DF] 0
Total Bond Amount: NO BOND
HEATHER MARIE EMBRY
Race: White / Sex: Female / Age: 35
Residence: 2508 HWY 41 EVANSVILLE, IN
Booked: 2/25/2014 11:38:00 AM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount:

 

VANDERBURGH COUNTY FELONY CHARGES

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 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.nick herman
 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 Monday, February 24, 2014.

 

David Hodges Domestic Battery-Class A Misdemeanor

(Enhanced to D Felony Due to Prior Felonies)

Domestic Battery-Class D Felony

(Habitual Offender Enhancement)

 

Ashley Carter Possession of a 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.

ST. MARY’S WELLNESS CENTER TO OFFER NEW COUPLES SOCIAL DANCING CLASSES

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st. marys logo

Building on the popularity of its Couples Social Dance Classes, St. Mary’s Wellness Center is set to offer two new classes – the Night Club Two Step and the East Coast Swing Level 2 – beginning the second week of March.

The Night Club Two Step is a slow and relaxed dance style. The class will cover basic dance steps and turns. Participants can choose from either a Tuesday or Wednesday evening class, beginning March 11th or 12th through April 15th or 16th, from 7:00 – 8:00 p.m.

The East Coast Swing Level 2 class is for intermediate level dancers with a foundation in basic footwork. This class will be held Monday evenings from March 10th – April 14th, 7:00 – 8:00 p.m.

Both courses will be taught by David and Donna Koring and will take place at the new St. Mary’s Epworth Crossing location, near the Lloyd Expressway and Epworth Road in Newburgh. Classes will not be held the week of March 24th during the EVSC and Warrick County Spring Break.

The cost is $65 per couple for all five weeks. Class size is limited, and couples are encouraged to reserve their spot early. Please call (812) 485-5725 to register.

For more information, please visit http://www.stmarys.org/wellnesscenter.

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Sen. Becker’s Bill to Safeguard Children with Severe Allergies Passes House

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 State Sen. Vaneta Becker’s (R-Evansville) legislation to provide better protections for children with severe allergies unanimously passed the House of Representatives on Monday by a 96-0 vote.

 

Senate Bill 245 would allow health-care providers to prescribe auto-injectable epinephrine, like EpiPens, to schools and school districts. It would also set guidelines for school employees to fill, store and administer these devices.

 

“EpiPens can reverse dangerous allergic reactions in as little as five seconds,” Becker said. “Students with known allergies usually have access to these life-saving devices at all times because a doctor has given them a prescription. Unfortunately, a quarter of children have their first reaction to peanuts or tree nuts in a school setting. Schools need to be prepared to act quickly when these reactions occur.”

 

SB 245 would also provide legal protections to school nurses and volunteer personnel who administer auto-injectable epinephrine in good faith to a suffering student.

 

Nearly one in 13 children throughout the United States suffers from food allergies, and an estimated three percent suffer from stinging-insect allergies.

 

The bill now heads to the desk of Gov. Mike Pence where it could be signed into law.

Appeal filed beyond 30-day limit must raise new facts

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indianalawyer

Marilyn Odendahl for www.theindianalawyer.com

In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.

James Kindred, Thomas Kindred and Sam Kindred filed a motion to dissolve a preliminary injunction six months after the Owen Circuit Court entered an order granting the injunction.

The trial court denied the Kindreds’ motion to dissolve as well as their motion to reconsider. Within 30-days of the denial, they filed a notice of appeal from the trial court’s interlocutory order.

On appeal, the defendants claim the motion to dissolve was not based on any new facts or circumstances that had arisen since the trial court’s entry of the preliminary order. Instead it was based on arguments that were available at the time the preliminary injunction was entered.

“If a party fails to do so (to challenge a preliminary injunction order within 30 days), it may not thereafter seek to dissolve the preliminary injunction based upon grounds that were known or knowable at the time of the entry of the preliminary injunction, as this would simply be a belated, collateral attack on the trial court’s initial decision to enter or deny the injunction,” Judge Paul Mathias wrote in James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone, 60A01-1304-PL-156. “To hold otherwise would allow limitless appeals based on the same facts tried and decided to enter or deny a preliminary injunction.”

In a footnote, the Court of Appeals pointed out to the Kindreds that their appeal may not be dead. Citing Bojrab v. Bojrab, 810 N.E.2d 1008, 1014 (Ind. 2004), the COA noted the Kindreds may attack the trial court’s interlocutory orders on appeal from the final judgment.

Troopers Arrest Kentucky Man after Alleged Gun Incident

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 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671
Posey County – Indiana State Police and Posey County Sheriff’s Deputies investigated an incident involving a handgun last night on Elk Trail near Evansville that led to the arrest of Jeffrey Scott Wade, 33, of Nebo, Ky.

At approximately 9:25 last night, Posey County Dispatch received a 911call about a male relative that had just pointed a gun at Wade and left the area driving a beige pickup truck. Wade was visiting another relative at 307 Elk Trail when the incident occurred. The person allegedly pointed the weapon at Wade’s face and pulled the trigger several times, but the weapon failed to fire. As officers were responding to the scene they observed the vehicle driving north on West Franklin Road. Officers were able to stop the vehicle in the parking lot of a nearby gas station at S.R. 62 and West Franklin Road. While investigating this incident, officers were able to determine that a weapon was never used. Further investigation revealed that Wade and the relative, who allegedly pointed the handgun, were having a dispute over a vehicle. Wade was arrested and taken to the Posey County Jail where he is currently being held until he appears in court later today.

Arrested and Charge:
• Jeffrey Scott, Wade, 33, 11325 Nebo Road, Nebo, Ky.
1. False Informing, Class A Misdemeanor

Arresting Officers: Sergeant Russ Werkmeister and Trooper Brandon Deig, Indiana State Police

Assisting Officers: Deputy Matt Henrich and Deputy Isaac Fuelling, Posey Co. Sheriff’s Office

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tringle@isp.in.gov

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Jonah Goldberg: “Want an America that works? Innovate, don’t regulate”

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Excerpts:

“Where government’s touch is light, we see rapid innovation, but where government’s hand is heavy, stakeholders are holding on for dear life.”

“You say “medical home,” I say locked-in customers. Tomayto-tomahto. The pediatricians have a point, albeit a weak one. You can’t say the same about teachers unions, whose top priorities are to take care of their members, even when such care comes at the expense of students. In New York City, the passion from teachers unions is all aimed at pay raises, killing charter schools and keeping rules that make it harder to get rid of incompetents, criminals and even, occasionally, sexual predators.”

“I cite these examples because they involve children, the constituency everyone claims should come first. But this dynamic is endemic to society. The sugar lobby bilks taxpayers to subsidize an industry that shouldn’t exist in the United States. The life insurance industry lobbies to keep inheritance taxes because, after all, people buy their products to avoid such taxes. The health insurance industry remains bought-in, literally and figuratively, to Obamacare because the prospect of becoming the equivalent of guaranteed-profitable utilities is worth the headaches of government incompetence.”

“When I say that this dynamic is endemic to society, I do not mean endemic under President Obama, or under America or under capitalism. It is a natural human tendency. The augurs of ancient Rome fought any attempt to break their monopoly on divine prophecy by studying the flights and entrails of birds. The Luddites declared war on the machines, long before anyone had heard of Skynet, because the Luddites were market incumbents being ousted by new, and better, technology.”

“The standard left-wing complaint is to blame only big business and capitalism. But if you don’t think the exact sort of thing happens under socialist and communist systems, you don’t know anything about those systems. Despite a century of anti-corporate rhetoric about the power of corporations, they actually come and go with amazing rapidity (Only 13% of firms on the Fortune 500 list in 1955 were there in 2011).”

“But government is forever. The state has the unique ability to protect existing “stakeholders” from the threats posed by innovation and competition, whether those stakeholders are businesses or unions, fat cats or philanthropies. That’s where the votes are and where the checks comes from. But progress — material, medical, economic — comes from innovation. Economist Deirdre McCloskey notes that until the 19th century, innovation was a negative word because innovators upset the established order and the powers that be.”

“In Silicon Valley, where government’s touch is light, we can see the rapidity of innovation at work. In healthcare, education and other areas where the government’s hand is heavy, we see stakeholders holding on for dear life.”

http://www.latimes.com/opinion/commentary/la-oe-0225-goldberg-stakeholders-government-20140225,0,3834159.column#ixzz2uMbGYUBq

IS IT TRUE February 25, 2014

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IS IT TRUE that the consensus from last night’s meeting of the Evansville City Council regarding the recent strike down of the separate but unequal smoking ordinance is that even the council members who were bold in their opinions 4 years ago are now frozen like deer in the headlights?…Councilmen Adams and McGinn who were once vocal proponents of a comprehensive smoking ban are timid in their assessments of whether to allow Evansville to revert to 2006 or move forward with the comprehensive ban they both openly supported for the right reason?…as a reminder that reason is public health and a healthy workplace for all workers?…to see equivocation on the part of the strongest supporters of a comprehensive smoking ban serves to show the people of this town just how addictive cash flow is to the governance process?

IS IT TRUE the casino passed with a very narrow margin and was sold as the economic ticket to prosperity?…while the “boat money” has been used to build or remodel some very nice things like the waterfront promenade, the pagoda, and even the Ford Center, it for the most part has been committed long term to pay the notes for fun and games nonsense?…”boat money” has filled a few gaps to purchase things like safety equipment that were needed but these things are supposed to be provided anyway?…the docile and leaderless City Council last night is reminiscent of the scene from “The Little Mermaid” when Ursula the Sea Witch reduces King Triton to a bookshelf collectible like a Hummel figurine?…the uncertainty and timid confusion seen last night was the look of local governance hitting rock bottom?…whether one supports a comprehensive smoking ban or not we need our elected leaders to take a stand for something instead of equivocating on the sidelines waiting for a leader to emerge?…this bull still has horns but it does not appear that any one is very enthusiastic about grabbing those horns to break the addiction that Evansville hopefully finally realizes is upon it?

IS IT TRUE that once upon a time Mayor Winnecke was one of the strongest proponents of a comprehensive smoking ban?…he even lead the effort as County Commissioner to adopt a comprehensive ban in the County?…Candidate Winnecke even committed to twist arms to get a smoking ban passed in the campaign of 2011?…we wonder where that strength and commitment have gone?…if the Council will not lead it is up to the Mayor to do so?…this decision is more important to the future of Evansville than a hotel, a dog park, or any other fun and games fiasco and it is time for the Mayor of Evansville to show his metal and take a stand one way or the other and state the reasons for it?

IS IT TRUE that one option being floated to avoid an up or down vote to ban smoking and risk the loss of a few precious “boat dollars” is to mandate a certain air handling system that will be very costly?…the technology industry has things called clean rooms that are designed and operated to assure that certain contaminates are kept below a defined and testable level?…to verify this THE AIR IS TESTED because mandating a certain air handling system GUARANTEES ABSOLUTELY NOTHING?…if the City Council and the Mayor want to put for something that will work to assure air quality without banning smoking it is AIR QUALITY THEY MUST DEFINE AND AIR QUALITY THEY MUST TEST?…mandating an air handling system is just silliness and we hope our elected leaders have the technical sense to see through this smoke and mirrors proposal?

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