Plea Agreement Provision ‘Constitutionally Suspect,’ COA Finds

first_imgJennifer Nelson for www.theindianalawyer.comA man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.Brad Sullivan, pursuant to a plea agreement, would serve his sentence on monitored home detention through community corrections. The agreement also said if he failed to establish eligibility, the sentence would be served in the Decatur County jail.On the day Sullivan was to report, Oct. 20, 2015, he was in St. Vincent’s Stress Center after being treated at Columbus Regional Mental Health Unit days earlier for post traumatic stress disorder and major depressive disorder. He was transferred directly from Columbus Regional to St. Vincent’s. He claimed he got a hold of his counsel and his social worker was supposed to contact his attorney and fax him the paperwork proving he was in the mental health unit.But Decatur County Community Corrections filed a petition Oct. 23 to revoke his placement because Sullivan did not report on Oct. 20 as required.At the revocation hearing, the director of Decatur County Community Corrections said Sullivan already had been approved for community corrections and that if he were to report, the program would have no problem accepting him if the court ordered. Sullivan acknowledged he never called community corrections directly to inform staff he was in the hospital, but said he had contacted his attorney who was supposed to contact community corrections. The attorney told Sullivan’s new counsel that he thought he had faxed over medical documentation to the prosecutor’s office but it doesn’t appear it came through.The trial court revoked Sullivan’s placement and ordered the 18 months served in the DOC based on the terms of the plea agreement.Sullivan argued that the court abused its discretion in imposing such a harsh sentence under the circumstances and believed his violation didn’t warrant revocation of his placement.“The provision of Sullivan’s plea agreement which essentially provided that any non-fee violation would automatically result in the revocation of his community corrections placement is constitutionally suspect,” Judge Elaine Brown wrote.Sullivan must still be allowed to offer mitigating evidence suggesting that the violation doesn’t warrant revocation and he offered evidence that his house and phone were approved for home detention, that he was hospitalized at the time he was to report and that he was under the impression his attorney would contact the court and community corrections.“Based on the totality of the circumstances, including the nature of the violation and sanction, we conclude the trial court abused its discretion in finding that Sullivan’s violation warranted revoking his community corrections placement and in ordering him to serve eighteen months in the DOC,” she wrote in remanding the matter for placement in community corrections.The case is Brad L. Sullivan v. State of Indiana,16A01-1512-CR-2175.FacebookTwitterCopy LinkEmailSharelast_img read more

Three Charged After Deputies Allegedly Find Meth During Traffic Stop

first_imgStock Image.CELORON – Three people were arrested early Friday after the Chautauqua County Sheriff’s Office allegedly found methamphetamine during a traffic stop in Celoron.Deputies say Robert Harrington, 58, of Jamestown, was pulled over on Dunham Avenue just before 3:30 a.m. for an alleged traffic violation.Through investigation deputies say Harrington’s driver’s license was revoked and he had an active arrest warrant from the City of Jamestown.The vehicle passengers, Faye Wolbert, 37, of Frewsburg, and Sean Cowan, 29, of Jamestown, were allegedly found in possession of drug paraphernalia and separate quantities of methamphetamine. Harrington was issued citations for operating a motor vehicle while registration suspended, second-degree aggravated unlicensed operator, and operate without insurance.Both Wolbert and Cowan were charged with seventh-degree criminal possession of a controlled substance and released with appearance tickets. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)last_img read more

Second crop

first_imgBut with Georgia’s subtropical climate, the summer gardening fun has only just begun. Yep, you’ve got plenty of time for another round of summer crops before the first frost. This usually occurs around mid-October in the mountains and mid- to late November in south Georgia.There are 110 to 120 frost-free days from late July until mid-November, so warm-season crops that mature in less than four months will usually mature in the fall, barring an early frost.You have even more time to plant cooler-season fall crops such as leafy greens, cabbage, broccoli, carrots and radishes. These can be planted well into the fall season and some can even weather the winter.Many gardeners make several plantings throughout the year at various intervals to have new crops maturing periodically throughout the summer. Others try to maintain the first planting and harvest tomatoes, squash and the like throughout the summer. Rather than trying to keep the same plants producing indefinitely, it is often better to start over after the first planting plays out. This usually results in better yield and quality.Crops like tomatoes, peppers and eggplant can be transplanted now, just as they were in the spring. For crops such as squash, cantaloupes and cucumbers, however, seeding them directly into the ground will work just as well, if not better. Snap beans, sweet corn, okra and southern peas are generally directly seeded in either season.Don’t plant the same crop back in the exact same place. Rotate your garden space to reduce potential disease problems. For instance, plant tomatoes where you planted squash this spring.Gardeners should also rotate families of crops. Plant peppers, tomatoes or eggplant where squash, cucumbers or cantaloupes were. But don’t plant cucumbers on the same ground where squash was most recently planted.Establishing the crop will be more of a challenge than it was in the spring. Because of the intense heat, you’ll need to keep the garden watered enough to reduce heat and drought stress. Apply water during the day to provide some cooling on the surface and allow the foliage to dry by nightfall.The longer gardeners wait, the longer it will take for the second crop to mature as days get shorter and the mercury finally starts to fall. So start these crops by mid-August. Some fast-maturing crops, like snap beans, cucumbers and squash, will produce if planted by early September.(Terry Kelley is a Cooperative Extension horticulturist with the University of Georgia College of Agricultural and Environmental Sciences.) By Terry KelleyUniversity of GeorgiaThe thermometer may be stuck on 95 degrees, but don’t let the summer heat beat you out of a second crop of fresh summer veggies. There is still time for another crop across much of Georgia. The first round of summer vegetables such as tomatoes, peppers, squash, sweet corn, southern peas, snap beans, cantaloupes and eggplant were planted in March and April, and the harvest on those crops is about to wind down.last_img read more

RBC rule delayed one year, NAFCU pushing for more changes

first_imgThe NCUA Board Thursday finalized a rule amending its 2015 risk-based capital (RBC) rule that, among other things, delays the rule’s implementation date by one year to Jan. 1, 2020. As the lead on delay efforts – both on and off Capitol Hill – NAFCU is pleased with this change, but is still pushing for more.“We appreciate NCUA Chairman J. Mark McWatters and Board Member Rick Metsger’s efforts, as a one-year delay of the NCUA’s risk-based capital rule is a step in the right direction,” said NAFCU President and CEO Dan Berger. “However, we remain concerned about the regulatory burdens and costs the rule will place on credit unions. NAFCU will continue to advocate for Congress to delay the rule’s implementation by two years in order to give the NCUA time to revise it.”Among other changes, the agency’s finalized RBC rule amends the definition of a complex credit union from $100 million to $500 million – exempting an additional 1,026 credit unions from the rule. continue reading » ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

Vietnamese girl’s death adds to avian flu toll

first_imgApr 6, 2005 (CIDRAP News) – A 10-year-old girl is the latest victim of the H5N1 avian influenza virus in Vietnam, news services reported today.Nguyen Hai Yen died Mar 27 in Hanoi’s St. Paul’s Hospital, and tests confirmed her illness on Apr 4, Agence France-Presse (AFP) reported today. Nguyen lived in Hanoi, said a hospital staff doctor who wished to remain unidentified.Her death brings the unofficial case count to 82, with 51 deaths, since the H5N1 virus began spreading through eastern Asia in late 2003.Epidemiologists were also looking into the abrupt death of a doctor who worked at Vietnam-Sweden Hospital in the northern Vietnamese province of Quang Ninh. Ho Dai Nghia, 34, died on Apr 3, 2 days after he began showing signs of acute pneumonia, according to Xinhua, a Chinese news service. He received emergency treatment for SARS (severe acute respiratory syndrome), but the cause of his illness wasn’t clear today. He is being tested for H5N1 flu as well as SARS, news sources reported.Two people with confirmed avian flu and one person with a suspected case have been treated at Vietnam-Sweden Hospital, according to a story published today by Bloomberg News. However, the deputy director of the Quang Ninh health department said the physician was not known to have had contact with any of those three patients, according to the report.Human H5N1 infections are persisting in Vietnam even though poultry outbreaks are diminishing, AFP reported. All but two of the 35 Vietnamese cities and provinces affected by poultry outbreaks in recent months have been free of the disease for more than 3 weeks, according to an agriculture ministry daily report.Elsewhere in Asia, a World Health Organization (WHO) employee in Thailand speculated that the reported outbreak of H7 avian flu among poultry in North Korea could increase the risk of a human flu pandemic.”The fact that two viruses—one with a proven track record of transmitting easily into people and another with a mortality rate of between 50 and 80 percent—are circulating in Asia at the same time is something to keep a very close eye on,” said William L. Aldis, WHO representative in Thailand, as quoted in an AP story.If H7 and H5N1 exchanged genetic material, it could create an “organism with H5 lethality and H7 transmissibility,” he added. Tests on the North Korean avian flu strain are ongoing.H7N7 avian flu is potentially more transmissible among humans than H5N1 is. A recent World Health Organization (WHO) report lists 93 human cases, including one death, as the result of H7 infections. All but four of these were linked with a major avian flu outbreak in the Netherlands in 2003. Most people who fell ill during that outbreak had only conjunctivitis, but one veterinarian died of pneumonia.Follow-up research on the Netherlands outbreak suggested there were high rates of transmission of the virus from chickens to people and secondary transmission from person to person. On the basis of antibody testing, researchers estimated that 1,000 to 2,000 people were infected with H7N7 in the outbreak.last_img read more

David Silva races to recover from injury in time for Real Madrid clash

first_imgGuardiola immediately asked Silva about the extent of the injury on the touchline and, while he does not think the problem is especially serious, there is still some doubt about his availability for the last 16 first leg in Spain next Wednesday.“He told me that he felt something. But I don’t think it was a big issue,” Guardiola said.“I will know (on Thursday) exactly. He played really well and we will see in the next days.“He told me he had more caution after what happened near the goal. We will see with the doctors.”City’s trip to the Bernabeu has taken on added focus in the wake of UEFA handing the club a two-year ban from European competitions for “serious breaches” of Financial Fair Play regulations.Unless City win their appeal, this season will be Guardiola’s last chance to win the Champions League until the 2022-23 campaign.Like Silva, City winger Raheem Sterling is also an injury doubt for the Real showdown as he recovers from a hamstring problem suffered at the start of the month.But Guardiola was boosted by the return against West Ham of French centre-back Aymeric Laporte, who made only his second appearance since suffering a serious knee injury in August.Manchester City midfielder David Silva faces a race to be fit for the Real Madrid clashRead Also: Ndidi Set To Miss Man City Showdown, Says Rodgers“I’m happy with the result and being back on the pitch at the Etihad. The people here push me to do a good job,” Laporte said.“To be back playing at home, I’m happy with that. It was difficult for me being out of the team for this long time but I’m happy to be back with my team-mates.”FacebookTwitterWhatsAppEmail分享 Promoted Content7 Ways To Understand Your Girlfriend Better8 Things You Didn’t Know About CoffeeBirds Enjoy Living In A Gallery Space Created For Them8 Most Expensive Mistakes In The History Of Mankind8 Addictive And Fun Coffee Facts5 Of The World’s Most Unique Theme ParksThe Very Last Bitcoin Will Be Mined Around 2140. Read MoreTop 10 Most Romantic Nations In The World9 Facts You Should Know Before Getting A Tattoo8 Ways Drones Will Automate Our Future7 Universities In The World With The Highest Market ValuePortuguese Street Artist Creates Hyper-Realistic 3D Graffiti Loading… Silva limped off in the closing moments at the Etihad Stadium on Wednesday after being caught by a crunching tackle from West Ham’s Angelo Ogbonna. Manchester City manager Pep Guardiola hopes David Silva will be fit for next week’s Champions League clash against Real Madrid after the midfielder was injured during the 2-0 win against West Ham.Advertisementlast_img read more

No textbooks to bring home from school?

first_imgLim said she takes to school her child every day to free the kidfrom having to carrying the heavy bag, and that many parents do this, too, forthe sake of their children. Vincent Gefes, also a parent and government employee, welcomedEscudero’s proposal, too. He has a Grade 4 child. Congresswoman Escudero proposed that all kindergarten and Grade 6students deposit their textbooks in lockers that their schools must provide. “Ang parents pagbuhi ginakuha nila ang mga bags sang ilakabaaan kay bug-at gid,” said Lim. Parents interviewed by this paper were supportive of the proposal.Government employee Cindy Lim said it would literally unburden her Grade 1child. “Homework assignments can deprive students and parents preciousquality time for rest, relaxation and interaction after school hours and evenon weekends,” Escudero said. According to Congresswoman Escudero, carrying heavy school bags toand from schools may lead to fatigue, spinal column diseases and other relatedafflictions. There’s another bill similar to Escudero’s – House Bill 388 of Cong. AlfredVargas of Quezon City. It prohibits elementaryand high school teachers from giving their students weekend homework orassignments. Every day, said Lim, her child uses a trolley bag to lift heavytextbooks and notebooks.center_img His child, he said, brings to school 14 notebooks each day. Notebooks alone are heavy enough, he said, so having textbooks totake home are indeed an added burden. “Schoolchildren carry heavy bags as they feel compelled to bringhome all their books and activity kits because of the daily homework given bytheir respective subject teachers,” Escudero stated in the explanatory note ofher bill. According to Lim, children should only be bringing home textbooksof subjects where they have assignments. According to Escudero, her proposal will not only “lighten thephysical burden of schoolchildren” and promote quality family interaction “butwill also compel schools and teachers to come up with a more holistic andeffective pedagogy.” ILOILO – Aside from banning homework, House Bill 3611 of DeputySpeaker and Sorsogon representative Evelina Escudero also disallows thebringing home of school textbooks by pupils from kindergarten to Grade 6because of their heavy weight. According to Vargas, homeworkis a burden for children and parents./PNlast_img read more

Danley sprints to Eagle feature win

first_imgJoey Danley winged his way to the Saturday IMCA RaceSaver Sprint Car victory at Eagle Raceway. (Photo by Joe Orth)By Greg SoukupEAGLE, Neb. (April 22) – Joey Danley made his move to the front late in the contest to win the season-opener for IMCA RaceSaver Sprint Cars Saturday at Eagle Raceway.Danley slipped into second on the 17th circuit and caught Shayle Bade for the front spot two laps later.A big crowd filled the stands and 178 teams of racers filled the pits. Twenty heats and five “B” features set the line-ups for the main events.Clint Homan led from lap 15 to the finish of the Kaplan University IMCA Modified main event.Fifty-two Hoosier Tire IMCA Northern SportMods were in the pits and Lance Borgman got the best of Josh Pfiefer in a late back-and-forth battle to the checkers. Jeff Ware capped a long run at the front of the Valen­tino’s IMCA Hobby Stock field with the win.Dillon Richards was in, out and finally back in the lead for good in the Mountain Dew Kick Start Sport Com­pact feature.last_img read more

Rodgers determined to show fight

first_imgBrendan Rodgers is taking inspiration from the Hillsborough families as Liverpool enter the final weeks of their title pursuit. It has been an emotional week for Liverpool, with the club and city marking the 25th anniversary of the Hillsborough tragedy with a memorial service at Anfield on Tuesday. This year’s commemoration had a different feel to past services, with new inquests finally under way after more than two decades of campaigning by relatives of the victims. Rodgers, who spoke at the service, said: “I ‘ve got an incredible bunch of players that work tirelessly every day. They’re very focused and concentrated on the job we want to do. “Of course at this part of the season it can bring stress but we use the stress as a determination. It’s also an opportunity to show that you can fight. “If ever I learned that it was this week with the memorial that took place. A wonderful service and the many people that inspired us that under the most stressful circumstances you can fight and use it as a determining factor to succeed.” Steven Gerrard’s 10-year-old cousin, Jon-Paul Gilhooley, was the youngest of the 96 to lose their lives at Hillsborough, and the Liverpool captain was in tears at the end of the victory over City. Gerrard gave a rousing speech to his team-mates in a huddle after the final whistle, and Rodgers said: “I thought it was great because it encapsulated a lot of what the message has been from myself right the way through the season. “It was great that Stevie directly after the game was pulling the players together and saying it’s about the next game. The Reds became clear title favourites after beating Manchester City last weekend, and that position only intensified when City were held to a draw by Sunderland in midweek. The big hurdle appears to be next weekend’s clash with Chelsea, who sit two points adrift, but first comes a trip to Norfolk on Sunday to take on struggling Norwich. “Everyone knows what I think of Steven and the importance that he has to us. “What I will reiterate, because people might have looked at that and saw that Stevie is the captain leading the troops – that was for the club, that was for the team. He really is a selfless player. “Many people might have looked at that and felt it was Steven Gerrard really desperate to win the league. Of course he is, but he’s a wonderful ambassador for this club and his message for the team was the message that I’ve relayed all season. “We just look forward. We’ll have plenty of time to reflect at the end of the season but we don’t now. We’ve just got to focus on the next game, which is Norwich.” Liverpool have not won the top division title since 1990 and have not qualified for the Champions League since 2009, yet they appear to be dealing better with the pressure than either of their rivals. Victory over City made it 10 league wins in a row, and Rodgers will do everything in his power to keep his players’ feet on the ground. He said: “We’ve been asked questions, in particular over these last three months when we’ve played big games. “Every game we’ve gone into, away from home or at home against a big team, this was always going to be the test and the challenge of can we deal with the pressure. And I think the players have been magnificent in their response to that. “We’ll just continue along that road. We’ve got a real work ethic here. The environment is set up for elite players and the elite players at this moment in time are showing to be the best. “But w e certainly don’t have our hands up in the air. The finish line’s still a wee bit out. “We just need to focus and keep producing the performances that we have, showing the character we have and, if we can do that, we’ll hopefully take three points at the weekend.” Press Associationlast_img read more

Police Tie Orlando Rape Suspect to WPB Groping Case

first_imgAn Orlando man was arrested in West Palm Beach on Tuesday on suspicion of sexual battery and allegedly groping a local teenager.Detectives from the Orlando Police Department worked with West Palm Beach police to track down and take 36-year-old James Calixte into custody. Orlando Police say they found DNA linking Calixte to a sexual battery in a neighborhood there.The victim in that case was apparently trying to go into her house when Calixte assaulted her.Meanwhile, a West Palm Beach police report identifies Calixte as the suspect in a Sunset Park groping case.The report states that a 16-year-old and her cousin were walking to the park when Calixte approached them with “uncomfortable, sexual comments.”The victim told police that Calixte rubbed her back and fondled her backside.According to the report, “(The victim) felt abused, extremely uncomfortable, and in fear the suspect would attempt something worse.”Police identified Calixte as their suspect through a photo the victim took of him.“She sent a picture to the officer, we were able to develop a photo lineup, and she was able to positively identify him from the lineup,” says Police Sergeant David LeFont.West Palm Beach Police are asking women who think that Calixte may have assaulted them to come forward by contacting the police department at (561) 822-1900.LeFont adds, “We’ll be reaching out to the other police department and putting those cases together, basically develop a timeline of where the person was. And perhaps there’s other agencies that have other cases that maybe didn’t have enough evidence to charge him or we have a case where we didn’t realize this was the same person.”last_img read more