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HOT JOBS IN EVANSVILLE
AG Curtis Hill To Discuss Crime Prevention On General Assembly’s Organization Day
Katie Stancombe for www.theindianalawyer.com
The Indiana Supreme Court heard argument Tuesday contending the appointment of a deceased man’s father as the special administrator of his wrongful-death estate should not have been reconsidered, despite counter-arguments that he was not the best fit for the appointment.
Justices heard In the Matter of the Unsupervised Estate of Orlando C. Lewis, Jr., Orlando Lewis, Sr. v. Shana Toliver and Kathy Calloway, 18S-EU-00507. In that case, Orlando Lewis Jr., and his wife were killed in an auto accident in July 2017. His father, Orlando Lewis Sr., was appointed as the administrator of Jr.’s estate to pursue wrongful death claims on behalf of the deceased’s minor children.
Extended family members Kathy Calloway and Shana Toliver — who separately serve as guardians to Lewis Jr.’s dependent children — intervened. The women argued that because they were the children’s legal or court-appointed guardians, they should be co-special administrators, and the Johnson Superior Court ultimately granted their motions and removed Orlando Lewis Sr. The Indiana Court of Appeals then affirmed that ruling in July, noting the trial court merely reconsidered his appointment.
Daniel Zlatic, counsel for Lewis Sr., argued to the Supreme Court that the decision conflicted with prior authority stating that where the original appointment of a special administrator was valid, subsequent removal must follow the provisions of the removal statute.
Specifically, Zlatic argued that precedent from In re Estate of Hammar, 847 N.E.2d 960, 962 (Ind. 2006), conflicted with the appellate decision; the same caselaw the COA relied upon in its determination.
“… The facts in Hammar are distinguishable from those in the present case to show that while the matter of the appointment of the special administrator in Hammar was in fieri, the facts in this case do not support such a finding in this case.â€
However Chief Justice Loretta Rush stated she wasn’t seeing the difference between the cases, and asked Zlatic when the court would lose its authority to reconsider.
“The moment when the relevant action had been decided,†he answered. “In this case it was decided by the trial court.â€
Justice Steven David then posed the question of whether Zlatic’s position was that because Lewis Sr. was first to the courthouse, he was the ultimate winner of the appointment.
“That’s not the basis of our argument,†Zlatic said. “The trial court found he was qualified in his order and that undoubtedly Lewis Sr. had the kids’ interests at heart.â€
But counsel for Calloway and Toliver argued that the high court reaffirm the trial court’s use of Hammar, arguing the case illustrates the ability of trial courts to reconsider in case information is withheld from the decision making.
“Other times the trial court may not know about other claimants. Without the ability to reconsider, they may not have the best administrator,†Edward McGlone argued, as Calloway’s counsel.
McGlone further contended the first person to arrive at the courthouse should not be the key consideration of who is best-suited to be charged with administering an estate.
“We should look at who is the best special (administrator) to the case,†he said.
Rachel Tam named to MVC Scholar-Athlete First Team
Junior was one of the top offensive players in the nation
 Twelve Missouri Valley Conference volleyball student-athletes have been named to the 2018 MVC Scholar-Athlete First-Team by a vote of the league’s volleyball sports information directors, with approval from head coaches. An additional 10 student-athletes have earned honorable mention, the league office announced today.
Included on the First Team was Purple Aces junior Rachel Tam. The Exercise Science major has posted a 3.76 GPA in her time at UE. Tam posted 4.21 kills per set in 2018, ranking second in the MVC. She had a total of 492 kills and set her career mark with 29 against Western Illinois.
This year’s first-team includes seven players that have received previous MVC volleyball scholar-athlete recognition, including five repeat first-team honorees, including Bradley’s Erica Haslag, Illinois State’s Ali Line and Courtney Pence, Missouri State’s Emily Butters and Valparaiso’s Allison Ketcham. Illinois State’s Ali Line and Missouri State’s Emily Butters are three-time first team honorees. One member of the first team boasts a perfect 4.00 GPA, in Illinois State’s Ali Line.
Four Valley first team scholar-athletes – Bradley’s Haslag, Illinois State’s Line and Valparaiso’s Ketcham and Rylee Cookerly – were also members of their respective CoSida Academic All-District Teams.
Forty-two student-athletes were nominated for the Valley’s scholar-athlete team. The criterion for the honor parallels the CoSIDA (College Sports Information Directors of America) standards for Google Cloud Academic All-America voting. Nominees must be starters or important reserves with at least a 3.20 cumulative GPA (on a 4.00 scale). Also, students must have participated in at least 75-percent of the regular-season matches. Student-athletes must have reached sophomore status in both athletic and academic standing at their institution (true freshmen and redshirt freshmen were not eligible).
TROPICANA EVANSVILLE CORNHOLE TOURNAMENT THIS SATURDAY!
Tropicana Evansville’s inaugural Cornhole Tournament will be held this Saturday inside their Riverfront Event Center on the beautiful Ohio Riverfront.
On November 24th, teams of two may register with a $40 Entry Fee beginning at 10:30AM in the Riverfront Event Center. The Tournament starts at 12 Noon. Players must be 18 years of age or older to enter and compete.
Event coordinator, Tom Todrank is excited to bring this unique sport to Tropicana Evansville. “There are many serious Cornhole players in the Tri-state, so the level of competition will be pretty high.â€
Standard Cornhole Tournament rules will apply. The Winners bracket will be the best two out of three games. The Losers bracket will be single elimination.
Prizes include:
1st Place: Tropicana Evansville Overnight Package + $300 Cash Prize*
2nd Place: Le Merigot Overnight Package + $100
3rd Place: Dinner for Two at Tap House + $100
4th Place: Two $25 Tropicana Evansville Gift Cards
A full cash bar is available for participants and spectators 21 years of age and older and concessions will be sold during the competition. Free parking is available in the attached parking garage.
USI squares off with LSSU in Indianapolis Eagles are back home versus OCU next week
University of Southern Indiana Men’s Basketball travels to Indianapolis Friday to square off with Lake Superior State University in a neutral site match-up at the University of Indianapolis. Tipoff is slated for noon (CST).
Following the neutral site game, USI returns to the friendly surroundings of the Physical Activities Center November 27 when the Eagles host Oakland City University for a 7 p.m. contest. The USI-OCU game marks the start of a three-game homestand for the Eagles that includes the GLVC 2018-19 opener December 1 versus preseason top-ranked Bellarmine University.
Game coverage for all of USI’s regular season games, including live stats, video stream, and audio broadcasts, is available at GoUSIEagles.com. The games also can be heard on ESPN97.7FM and 95.7FM The Spin.
USI Men’s Basketball Week 4 Quick Notes:
USI opens home schedule with a win. The University of Southern Indiana opened the home schedule with a victory for the 35th-straight year after defeating Martin Methodist College, 90-72. Junior guard/forward Kobe Caldwell led five players in double-digits with 24 points, while senior guard Alex Steinand sophomore forward Emmanuel Little followed with 16 points and 11 points, respectively.
Reaching career-highs. USI senior forward Jacob Norman tied a career-high with 11 rebounds in the victory over Martin Methodist, while sophomore guard Mateo Rivera grabbed a career-best six boards in the win.
Stein in the top five. Senior guard Alex Stein is in the Eagles’ top-five all-time for scoring with 1,532 points. Stein is 30 points behind fourth-place Cris Brunson (1,562 points, 2001-05). Stein also is 87 points behind third-place Stan Gouard (1,619 points, 1993-96).
USI vs. Lake Superior State. USI will play a neutral site game versus Lake Superior State University November 23 (the day after Thanksgiving) at the University of Indianapolis. The Eagles are 1-1 against the Lakers after winning last year’s match-up, 94-77. Senior guard Alex Stein led the Eagles’ offensive attack with 31 points on seven-of-12 from the field, three-of-five from beyond the arc, and a record-setting 14-of-14 from the stripe.
Lake Superior State in 2018-19. The Lakers are 2-0 after sweeping through Alaska last week. LSSU defeated the University of Alaska-Fairbanks, 85-63, to open the season and finished the northern road trip with a win over the University of Alaska-Anchorage, 67-58.
USI on neutral sites. The Eagles are 1-1 on a neutral court this season and are 29-16 since 2009-10.
USI vs. Oakland City. USI leads the all-time series with Oakland City University, 35-10, since the beginning of the Screaming Eagles’ NCAA varsity program in 1970-71. The last time USI and Oakland City matched-up was in 2005-06 when the Eagles defeated the Mighty Oaks, 114-56. USI also has won the last 12 meetings, dating back to 1990-91.
Oakland City in 2018-19. The Mighty Oaks are 0-2 to start the season and is concluding a two-game road swing to Hawaii versus Hawaii Pacific University Tuesday evening.
“IS IT TRUE” NOVEMBER 20, 2018
We hope that today’s “IS IT TRUEâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?Â
IS IT TRUE that a story was overlooked by the mainstream media at last Friday’s Vanderburgh County Election Board meeting?  …that the Election Board made a unanimous referral (3-0) that an illegal campaign flyer is referred to Vanderburgh County Prosecutor Nick Hermann for criminal investigation and prosecution?  …the campaign flyers are illegal because they do not have the required disclaimer under Indiana Code Sec. 3-9-3-2.5 which identifies who paid for the political material and whether any candidate approves of the material if paid by someone other than the candidate?  …these illegal campaign flyers were mailed from Milwaukee, WI throughout the State of Indiana including Vanderburgh County just days prior to the Mid-term elections? …the criminal penalty under Indiana Code Sec. 3-14-1-3 for circulating these illegal flyers concerning Senator Braun and the Libertarian senatorial candidate without the required disclaimer is a Class A misdemeanor, punishable by up to a $5,000 fine or 1 year in jail, or both? …that the CCO hopes Prosecutor Hermann will take this election law violation referral from the Vanderburgh County Election Board very seriously?  …we hope that Mr. Hermann will devote the full resources of his office to helping ensure we have free, fair and legal election law campaigning in Vanderburgh County and all other counties in Indiana?
IS IT TRUE yesterday we were informed that Mr. Duckworth graciously announced that he will not seek a recount on the race between him and Jeff Hatfield  …we wish Mr. Duckworth the best in his future endeavors and thank him for serving the people of Vanderburgh County with distinction for the last 30 years?
IS IT TRUE that the midterm elections are finally over but a couple of people that supported Mike Duckworth for County Commissioner still can’t accept the official election results? …we are told they are blaming different groups and individuals for Mr. Duckworth’s defeat? ..the real reasons why that Mr. Hatfield won the election was that he ran a well organized and issue-based campaign? ..his finance committee did an incredible job in raising money (almost $200,000) to fund his campaign? …Mr. Hatfield proved to be an effective and aggressive campaigner?  …Mr. Hatfield’s business, organizational, and people skills also proved to be big assets to the campaign?
IS IT TRUE we are told that Evansville Mayor Lloyd Winnecke is practicing to get ready to shoot his re-election video? …we hear that the Mayor will demonstrate his HULA HOOP skills while wearing his “Chicken Fat†suit? …we hear that he will be showing some real dance moves while spinning the Hula Hoop?  …we are told that his political handlers hope that this re-election video will show the voters what they can expect if the Mayor is re-elected to his third term?
IS IT TRUE if only the powers that be would have listened to past County Commission Dave Mosby, Vanderburgh County wouldn’t be experiencing the current jail overcrowding problem today?  …Mr. Mosby wanted an additional pod added to the jail plans that would have housed 250 more inmates about 20 plus years ago?
IS IT TRUE we have been told because of the increases in the County Income Option Tax (CIOT) and the Wheel Tax that Vanderburgh County may now have the money to fund a reasonable expansion of the county jail?
IS IT TRUE some folks living in the 4th Ward are worry that the practice of gentrification may be happening the near downtown area?
IS IT TRUE that the Vanderburgh County Public Defender’s Agency plays an important role in our social fabric by ensuring that those who can least afford legal representation in our Courts are fully protected?
IS IT TRUEÂ that Vanderburgh County Clerk Carla Hayden and her staff did an outstanding job in conducting the recent midterm election?
IS IT TRUE last year we did a  “Readers Poll†the question asking  “Do you feel that the partnership agreement between the StatehouseFiles and the City-County Observer is really a big deal�  …a whopping 585 people voted in this poll?  …459 people voted yes (78%), 74 voted no (13%) and 52 (9%) said that they had no idea in this non-scientific but trendy poll?  …it looks like the majority of our readers agree with our decision concerning the publishing of the StatehouseFiles articles because it the second most read section behind “IS IT TRUE†column?  …it also looks like we made the right decision in selecting former State Representative Gail Riecken as our Statehouse Community Editor?
IS IT TRUE that the “TROLLEY†of Evansville Districts (TED) project mission is to support Evansville’s blossoming entertainment and cultural districts? …we wonder if “TROLLEY†has helped in the redevelopment of our urban core, and growing tourism industry? …the “TROLLEY†project is sponsored by the non-profit Franklin Street Events Association and is also a joint venture between FSEA and GAGE. …if you would like to support this project here’s the link to do so   https://www.patronicity.com/project/trolley_of_evansville_districts_ted#!/?  Â
Todays“Readers Poll†question is: Who do you feel should pay the $100,000 overtime pay incurred by the Evansville Police Department for security provided during President Trump visit?
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