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Statement from UE Athletics

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Deandre Williams ineligible for 2018-19 season

A decision by the NCAA has deemed University of Evansville men’s basketball player Deandre Williams to be ineligible for the 2018-19 season.

Williams was designated as a Final Nonqualifier, but following the submission of a waiver to the NCAA by the University of Evansville Athletics Department, Williams was granted athletics aid and the ability to practice during the 2018-19 season.

“We respect the NCAA’s decision regarding Deandre,” UE head men’s basketball coach Walter McCarty said.  “While he will be unable to play this season, we are excited for him to be able to practice and be around the team.  He is a great kid who will help our team for years to come.”

“We knew that we would have to build a case for Deandre to be able to play, but his being able to practice with the team is a major victory for us.”

Coach McCarty and the athletic department will have no further comment on the situation.

Williams, along with transfers Sam Cunliffe and Artur Labinowicz, will be eligible to play for the Purple Aces in the 2019-20 season.

No. 3/6 Indiana Swimming & Diving Opens 2018 Season with Five Wins at Quad Meet

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The No. 3/6-ranked Indiana University men’s and women’s swimming and diving team opened the season with five quality wins on Wednesday afternoon at the Counsilman Billingsley Aquatic Center in Bloomington, Ind.

TEAM SCORES

Men

No. 3 Indiana 193.5, No. 22 Missouri 106.5

No. 3 Indiana 213, No. 23 Notre Dame 87

No. 3 Indiana 219, Kentucky 79

Women

No. 6 Indiana 183, No. 14 Kentucky 117

No. 6 Indiana 188, No. 15 Missouri 112

No. 6 Indiana 150, No. 18 Notre Dame 150

HOOSIER WINNERS

Men

Zach Apple – 400 freestyle relay (2:58.07)

Bruno Blaskovic – 200 medley relay (1:26.92), 50 freestyle (20.15), 100 freestyle (44.67), 400 freestyle relay (2:58.07)

James Connor – 1-meter dive (193.80), 3-meter dive (208.40)

Gabriel Fantoni – 200 medley relay (1:26.92), 100 backstroke (48.18)

Ian Finnerty – 200 medley relay (1:26.92), 100 breaststroke (53.88), 200 breaststroke (2:01.15)

Jack Franzman – 400 freestyle relay (2:58.07)

Vini Lanza – 200 medley relay (1:26.92), 100 butterfly (48.04), 200 butterfly (1:46.55)

Mohamed Samy – 200 freestyle (1:36.87), 400 freestyle relay (2:58.07)

Women

Ileah Doctor – 200 medley relay (1:39.09)

Maria Paula Heitmann – 500 freestyle (4:49.70), 400 freestyle relay (3:20.69)

Christine Jensen – 200 medley relay (1:39.09), 100 butterfly (53.30), 400 freestyle relay (3:20.69)

Lilly King – 200 medley relay (1:39.09), 100 breaststroke (59.74), 200 breaststroke (2:11.63)

Shleby Koontz – 400 freestyle relay (3:20.69)

Noelle Peplowski – 400 freestyle relay (3:20.69)

Morgan Scott – 200 medley relay (1:39.09)

NOTABLES

  • The Hoosier men’s team extended its dual-meet winning streak to 25 meets. IU’s last loss in a dual meet came on Jan. 16, 2016 against Michigan.
  • Indiana’s time in the men’s 200 medley relay (1:26.92) is the fastest time in the nation by over a second.
  • Lilly King’s time (59.74) in the women’s 100 breast is the fastest in the nation and the only time under 1:00.00 this season.

NCAA CUTS

A: None.

B: Ian Finnerty (100 breast), Christine Jensen (100 fly), Lilly King (100 breast, 200 breast), Vini Lanza (200 fly)

UP NEXT

  • The Hoosiers will be back in the pool on Oct. 19-20 when the teams head to Austin, Texas to face Florida and Texas in a two-day, tri-meet.

 

 

AG Curtis Hill calls for congressional action to preserve the essence of DACA

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Attorney General Curtis Hill has written an op-ed calling upon Congress to take action to preserve some variation of the Deferred Action for Childhood Arrivals policy, which was created by executive memorandum during the Obama administration.

“No one can credibly suggest that individuals brought as children to the United States by adults illegally crossing U.S. borders are themselves guilty of any wrongdoing,” Attorney General Hill writes. “Having grown up in the United States, they are as ‘American’ as any one of us.”

The full op-ed is attached. Any outlet choosing to publish this op-ed is asked, as a courtesy, to please inform Deputy Communications Director Bill McCleery at bill.mccleery@atg.in.gov. Thank you.

Uninsured motorist ruling for passenger crash victim reversed

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Dave Stafford for www.theindianalawyer.com

A man who won a judgment that he was covered by his auto insurance’s uninsured motorist policy after a crash that left him a quadriplegic lost the ruling in his favor Wednesday. The Indiana Court of Appeals decision could cost him millions of dollars that a jury awarded in a separate trial.

The appellate panel ruled for Gregory Smith’s insurer in Progressive Southeastern Insurance Co. v. Gregory Smith, et al., 18A-PL-312, in a case in which Smith was a passenger in his own insured truck. According to court records from the underlying litigation, Smith and Nolan Clayton were intoxicated after drinking at an Indianapolis Stacked Pickle bar in February 2016, and the bar called a cab for them. However, as their ride was pulling into the parking lot, Smith and Clayton decided to drive themselves, with Smith asking Clayton to drive his truck. Clayton crashed, permanently disabling Smith.

Smith sued Clayton and his insurer, Allstate, and a Marion County jury in December awarded Smith $35 million.

In the instant case, Smith’s insurer, Progressive, filed a complaint for declaratory judgment, asking Marion Superior Judge Timothy Oakes for a determination that, according to the terms of its insurance policy with Smith, he was not entitled to coverage under the policy’s uninsured-motorist provisions for injuries sustained during an accident while being a passenger in his vehicle.

Oakes granted summary judgment in favor of Smith. “On December 14, 2017, without a hearing, the trial court signed Smith’s proposed findings and summarily granted judgment to him and against Progressive,” appellate Judge Patricia Riley noted. “On January 16, 2018, Progressive filed its motion to correct error, which the trial court denied the following day.”

But the COA panel found the trial court erred in ruling for Smith. The panel noted that he had settled out of court with Nolan’s insurer, Allstate, which tendered its full policy limits to Smith for the damages Clayton caused in the crash.

“(T)he unambiguous language of the policy does not extend UM coverage to Smith’s bodily injuries sustained in an accident caused by his own truck because Smith’s truck is a covered auto as defined by the policy, and thus not included in the uninsured motor vehicle definition which would trigger coverage of the policy,” Riley wrote. “In other words, no vehicle that Smith owns or insures can ever be an ‘uninsured motor vehicle’ for UM coverage purpose.

“(W)e hold that the trial court erred by concluding that Smith is entitled to receive payment from Progressive for his bodily injury under his insurance policy’s UM coverage, where his injury arose from a single-vehicle accident involving his insured vehicle and the driver’s liability insurance covered Smith’s bodily injury damages,” Riley wrote for the panel.

The COA found Smith’s policy unambiguously excluded Smith’s truck from UM coverage and “the trial court incorrectly applied the law to the facts.” The unanimous opinion was joined by Chief Judge Nancy Vaidik and Judge James S. Kirsch.

Gov. Holcomb Public Schedule for October 11

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Below find Indiana Gov. Eric J. Holcomb’s public schedule for October 11, 2018.

Thursday, October 11: Workforce Development Announcement

WHO:              Gov. Holcomb

Danny Lopez, Chairman of the Governor’s Workforce Cabinet

Beth Cobert, CEO of Skillful (A Markle Initiative)

Mary Snapp, Corporate Vice President and Head of Microsoft Philanthropies

WHAT:            The governor will give remarks.

WHEN:            10 a.m., Thursday, October 11

WHERE:          Indiana State Library

History Reference Room

315 W. Ohio St.

Indianapolis, IN 46202

 

S. New York Human Remains

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The victim from yesterday’s investigation has been identified as Monika Roberts, age 35, of Maryland. An autopsy has been completed and it was determined that she died of a single gunshot wound to the head.  The death has been ruled a homicide.  The Henderson Police Department along with the Evansville Police Department are together investigating the death as a homicide and that investigation is ongoing.

 

Investigating the Death of a Pedestrian

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The Vanderburgh County Coroners Office and the Evansville Police Department are investigating the death of a pedestrian who was struck near the intersection of Washington Ave and Weinbach Ave. the victim has been identified as James R. Adams , age 75, of Evansville died at St. Vincent Hospital at 19:08 hours after being taken there for treatment.

“IS IT TRUE” OCTOBER 10, 2018

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We hope that today’s ”IS IT TRUE” 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?

Todays“Readers Poll” question is: Do you agree with Councilman Jonathan Weaver that the City of Evansville is having serious cash flow problems?

IS IT TRUE that City Council voted 8 to 1, passing a whopping $395 million budget for 2019? …that the 2019 budget is a 7% increase over this year’s budget?  …that City Council give city employees a 2% raise for this coming year?…that Finance Chairman and Councilman Jonathan Weaver was the only member to vote against the 2019 budget, saying the current (2018) budget is already $13 million over budget so far this year? …for this, we give Mr. Weaver two (2) thumbs up for standing up for the taxpayers and voting against 2019 in its current form?

IS IT TRUE we also give two (2) thumbs down to the 8 members of City Council for voting on the 2019 budget in its current form? …we are told that many people are disappointed in City Council members G. John Hayden (R), CPA and Justin Elpers (R) for not taking a stronger stance against the 2019 City budget?

IS IT TRUE we can’t wait to read the State Board of Accounts financial audit that was just completed on the City of Evansville? …we expect the soon to be release SBOA audit could prove to be an embarrassment to the Mayor and the members of City Council who voted for the approval of the 2019 City budget?

IS IT TRUE that County Attorney, Joe Harrison, Barnes & Thornburg Attorney, Tom Pittman, and County Commissioner, Ben Shoulders appeared before Evansville City Council to ask for their approval of a Bond Ordinance within the “Burkhardt TIF” area in order to proceed with numerous road, bridge and trail projects? …that numerous community leaders, engineers, neighborhood associations, residents, taxpayers and “Trail Coalition” board members spoke out in favor of this project?

IS IT TRUE that the only opposing public comment about this project came from County Councilman, James Raben?  …that County Councilman Raben called the “Burkhardt TIF District Trails Project” a waste of money and he also alleges that the entire Vanderburgh County Council, opposed this project?  …that the Evansville City snubbed Mr. Raben’s request to reject this project and voted to pass this Ordinance 7-2?

IS IT TRUE that the two “NO” votes against the “Burkhardt TIF District Trails Project” were City Councilmen Justin Elpers (R) and G. John Hayden (R), CPA? …that the ‘Burkhardt TIF District Trails Project” focus is on roads, bridges, infrastructure, connectivity, quality of life and direct trails that will be the pathways to Deaconess Sports Park?
IS IT TRUE we are pleased that the Vanderburgh County Council forced the soon to retire Airport Manager Doug Joest to add back the three cut Safety Officers salaries into the 2019 Airport budget?
IS IT TRUE  we have been told that the total number of Airport Safety Officers before the budget cut may have been 18? …the number of Safety Officers reported by the Airport Manager to the Vanderburgh County Council was 15? …if this is correct, could that the extra three (3) Safety Officials (Captains) have been listed as a different line item in the Airport budget?
IS IT TRUE we find it interesting that Mayor Winnecke sent a letter to the Vanderburgh County Council asking them to keep the three cut Safety Officers positions in the 2019 Airport budget? …since the Mayor appoints 3 of the 5 Airport board members he could have directed them to fix this problem themselves without going to County Council?
IS IT TRUE we also find it interesting why didn’t members of the Vanderburgh County Council didn’t take the Airport board to task for hiring the new Airport manager, Nate Hahn without advertising this position in a local or national publication?
IS IT TRUE that the official costs to relocate the LST 325 next to Tropicana is more than the $3.9 million projected by the Evansville City Council and Mayor Lloyd Winnecke earlier this year?
IS IT TRUE that the Port Authority Chairman Pat Wathen said LST relocation bids went over by $1 to $1.2 million?  …that this project was originally estimated by city officials to cost around $3.9 million, with the city contributing nearly $2.8 million?  … the other $1 million would come from other funding sources? …because of cost overruns, this project has to be rebid? …if the costs for this project can’t be reduced we wonder how the City will come up with the extra money to pay for it? …we consider this to be another developing story that the local mainstream media won’t follow-ups on?
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