Supreme Court Vacates Order To Require Restitution As Part Of Woman’s Probation

first_img Olivia Covington for www.theindianalawyer.comThe Indiana Supreme Court has vacated an order a defendant pay restitution as a condition of probation after finding that the trial court failed to determine that the defendant did not have the ability to pay.In the case of Cynthia Bell v. State of Indiana, 49S02-1609-CR-00511, Cynthia Bell was ordered to pay restitution to Kalencia Kirkland after Bell was convicted of criminal mischief as a Class B misdemeanor. In August 2014, Bell threw a brick through the window of Kirkland’s apartment and damaged her 2007 Kia Sportage.After Bell’s sentencing, the trial court then conducted a separate restitution hearing. At that hearing, Bell told the court she had not had a job in more than 20 years and was supporting herself on monthly disability checks, which totaled $730 each month. After paying her bills, Bell testified that she had no money left over.After Bell’s testimony, neither the state nor the court asked her further questions about her financial situation, and she was ordered to pay $20 a week or $80 a month to Kirkland up to a total of $9230.30 in restitution as part of her probation.Bell then appealed to the Indiana Court of Appeals, arguing that the monthly payment exceeded what she would be able to afford. A majority of the appellate court affirmed the trial court’s restitution order, with Judge Terry Crone dissenting.But in the opinion it handed down Thursday, the Indiana Supreme Court vacated the restitution order, writing that the trial court incorrectly determined that Bell could afford the monthly payment. The trial court was allowed to order restitution despite Bell being found indigent for other purposes, Justice Steve David wrote for the majority. However, the record did not reflect that Bell was actually able to make the ordered monthly payment, he wrote.In her testimony during the restitution hearing, Bell told the court that she did not have a job or car and that any sort of monthly payment would be a real financial burden.Based on that testimony, David wrote that it should have been clear to the trial court that Bell would be unable to make a monthly restitution payment. Further, David pointed to the fact that the state did not ask Bell any cross-examination questions after her testimony to refute her claims.“While we are sympathetic to the victim of Bell’s offense, the trial court failed to engage in its statutorily required duty to determine that Bell could or would be able to pay, and Bell provided sufficient and unrebutted testimony that she did not have any additional income each month in order to make the ordered restitution payments,” David wrote.Justice Geoffrey Slaughter dissented in part with the majority opinion, writing in a separate opinion that he would remand the case to allow the trial court to determine what Bell’s sentence should be if she cannot pay the restitution. However, Slaughter also wrote that he agreed that the trial court erred when it imposed the restitution order.FacebookTwitterCopy LinkEmailSharelast_img read more

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Bargain investment property hits the Townsville market for under $200k

first_imgSitting on a 607sq m fully fenced block, the house has a huge laundry, garage and a private front patio.With interest rates low and expected to continue dropping, there couldn’t be a better time to buy. Explore Property agent Annette Rowlings who is marketing the property, said the house doesn’t need much work.“All you need to do is put a new bathroom in really,” Ms Rowlings said. “There’s a few cosmetic things that could be done if a buyer wanted to as well.” The house is priced almost $30,000 below Heatley’s average of $226,750, with the suburb also generating a 6.4 per cent indicative gross rental yield.More from news01:21Buyer demand explodes in Townsville’s 2019 flood-affected suburbs12 Sep 202001:21‘Giant surge’ in new home sales lifts Townsville property market10 Sep 2020The estimated weekly mortgage repayments for the property is around $128, but there is a possible weekly rental return of $280, making it the perfect investment. ScoMo boosts buyer mojocenter_img This three-bedroom house at 78 Bainbridge Street in Heatley, is priced at $199,000.This three-bedroom house in Townsville was listed today, and is on the market for only $199,000 — all it needs is a little bit of love. Located on a quiet street only five kilometres from James Cook University, the house at 78 Bainbridge Street in Heatley is close to everything.READ MORE: Best ‘burbs for bargains MORE REAL ESTATE NEWSlast_img read more

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Marine researchers work together to map the Thunder Bay National Marine Sanctuary

first_imgAddThis Sharing ButtonsShare to FacebookFacebookShare to TwitterTwitterShare to MoreAddThisALPENA, Mich. — The Thunder Bay National Marine Sanctuary encompasses 4,300 square miles of Lake Huron. It’s full of shipwrecks and wildlife, but only 16 percent of the lake bed has been surveyed and much of the mapping was done prior to 1950.To find the best areas to map, the National Oceanic and Atmospheric Administration asked researchers of different studies for help. Marine Archaelogist with NOAA, Stephanie Gandulla says with everyone working together, research will be done more efficiently. “Whether you’re out there looking for shipwrecks, which is what we like to do here at the Marine Sanctuary, or whether you’re wanting to understand fish habitat at the bottom of the lake or even geological features, if we work together we can be more efficient about gathering that scientific information,” she said.Twenty four local experts took part in identifying the best places to map. Each was given 200 virtual coins to place around the area to share where they thought they could do the most research.Fisheries Research Biologist with the Michigan DNR, Dr. David Fielder was one of those experts invited to participate. He says they used their coins for locations where they do their annual lake trout survey. He also says it was important other researchers were involved so they could collaboratively find the best places to map. “Other participants had entirely different criteria, and I think that’s what they were looking for, a diversity of opinion and interests to see what overlapped and where there was no particular interest so that they knew where to allocate their resources,” he said.Dr. Fielder is also hoping that this new mapping will help uncover the first missing ship of the Great Lakes, Le Griffon. “Well no ones found The Griffon yet,” he said. “That was the Great Lakes first shipwreck and there’s a chance that it’s in northern Lake Huron. So i’m banking on that. I hope they turn up Le Griffon. I think that would be wonderful.”Whether or not they happen to find Le Griffon, there have been about 100 shipwrecks found in the sanctuary’s area, and there are estimated to be about 100 more.AddThis Sharing ButtonsShare to FacebookFacebookShare to TwitterTwitterShare to MoreAddThis Tags: Michigan DNR, NOAA, Thunder Bay Marine SanctuaryContinue ReadingPrevious Drug deal gone salty updateNext Christmas in July for Alpena’s MidMichigan hospitallast_img read more

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30 Days: Wellington Regent Theater offering gift certificates for the holiday

first_imgChristmas specials: Santa Claus is coming to Wellington from 12:30 to 1:30 p.m. today. “Arthur’s Christmas” will also be played at 2.In the next two weeks as we get closer to Christmas we will be holding a food drive.Stocking stuffers: Christmas gift certificates, of course.How to learn about the upcoming movie:Sumner Newscow will provide the public with the latest movie being shown at the Regent during the latter part of the week. Also you can log onto the Wellington Regent website at: http://www.wellingtonregent.com, or its Facebook page at https://www.facebook.com/wellington.regent?fref=ts by Tracy McCue, Sumner Newscow — Most everyone loves a movie. So this Christmas, give your friends and family members gift certificates to the Wellington Regent Theater.If you or some of your friends haven’t been to the Wellington Regent lately since February, perhaps you should go. The picture and sound is unbeatable with its digital projection. Also, the movies are as recent as those you would find playing in Wichita. Just two weeks, as you are aware of, Regent held a midnight showing of “Catching Fire – The Hunger Games” which was released to the public. Regent sold out on a school night marking one of the most remarkable nights in the theater’s history.Now with digital projection, the theater will always be able to nab the latest releases in a timely fashion. It wasn’t always like this. Wellington Regent actually started as a 20th Century Fox movie theater called “Ashland Theater” in the 1920s. Before that is was a horse barn, said Wellington Regent Theater manager Jerry Fike.“In those days the movie studios used to just own the theaters around the country,” Fike said. “They could make a movie in about two weeks and then they would have people take the movie from movie house to movie house.”For example one movie might play in Pratt one week and then get transferred to another movie in Wellington.Wellington Regent has survived the test of time. Competing movie theaters and the drive ins closed their doors for good.The Fikes bought the movie theater in 1994 from Ken Brown, who owned the movie theater from 1981 to 1994. The Regent temporarily closed its doors for a few years in the early 2000s. The Kevin Beggs family did some extensive remodeling and ran it for a couple of years, before it closed again.  Then in 2010 several Wellington civic leaders got together and decided to invest in the reopening of the theater.The Regent opened its doors again but still had the daunting task of getting a digital projector. The theater spent two years working on various fundraisers before getting a digital projector. Once the digital projector was installed the crowd came back for good.Today the movie theater thriving.last_img read more

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