First Impression: No Hearing Required On Specialized Driving Privileges
Dave Stafford for www.theindianalawyer.com
Indiana law does not require trial courts to conduct a hearing on petitions for specialized driving privileges where claims lack merit, an Indiana Court of Appeals panel unanimously ruled Wednesday in deciding a matter of the first impression.
Brent Orange had petitioned the Hamilton Superior Court for a specialized license that would permit him to drive back and forth to work and to court-ordered Alcoholics Anonymous and probation meetings. The trial court denied Orange’s petition, issuing an order that adopted his proposed order but stripped from it all language regarding the scheduling of a hearing.
Orange conceded in his brief “that I.C. § 9-30-16-1 et seq. does not say a trial court must hold a hearing on a petition for specialized driving privileges, but neither does the statute contain an express provision permitting a trial court to summarily deny such a petition.â€
Judge Melissa May wrote for the Court of Appeals panel that affirmed the denial of Orange’s petition. She noted the legislature amended the statutes in question in 2015, repealing language that said in such cases the prosecuting attorney “shall appear in person or by the deputy and be heard by the court.â€
However, the panel advised, “While a trial court is not required to hold a hearing under the statute, it may still err if it fails to grant a petitioner’s request for a hearing when the petition raises claims of possible merit.”  This wasn’t the case for Orange, adjudicated a habitual traffic violator multiple times and whose driving record of the past 10 years contained 27 different suspensions and whose eligibility date is “indefinite.â€
Even though the court found Orange had waived his arguments, “there can be no question that the trial court properly exercised its discretion when it denied Orange’s petition for specialized driving privileges. … Additionally, the trial court did not err when it did not hold a hearing because Orange’s petition did not assert any claims of merit.â€
Softball tabbed sixth in MVC preseason poll
The 2018 MVC Softball season will be highly contested as two points separate the preseason favorite from the school picked third. Illinois State has been picked as this year’s preseason favorite in Missouri Valley Conference softball as voted by the league’s coaches. The Redbirds earned two first-place votes and 88 points. Southern Illinois was picked in second-place with three first-place votes and 87 points while UNI claimed third (three first-place votes and 86 points).
The University of Evansville was picked to finish in sixth place (56 points) while junior Morgan Florey was named to the Preseason All-Conference Team. The Purple Aces graduated 9 seniors from a season ago and will be under the experience of the lone senior, Brittany Hay and junior Morgan Florey.
“This is going to be an exciting season of MVC softball action,†UE head coach Mat Mundell said. “As you can tell from the coaches voting, the league is going to be wide open. I understand being picked to finish sixth because we have a lot of question marks coming into the season our goal of course is to finish higher.â€
Hay was named 2017 MVC Newcomer of the Year while Florey earned 2017 MVC All-Conference Second-Team laurels and 2018 MVC Preseason All-MVC honors. Against league foes, Florey held a 1.81 ERA and struck out 95 batters, the best in the Conference.
Nine of the Missouri Valley Conference softball teams begin action the second weekend of February, with tournament play and non-conference games. Indiana State will start the season the following weekend. League competition will begin Friday, March 16 for two teams with the remainder of the Conference starting Saturday, March 17.
Evansville is ready to start its season in Lafayette, La. at the Louisiana Classic. The Aces face Samford, Louisiana, UIC, Iowa and Eastern Illinois in the tournament.
2018 Preseason Poll
Rank Team (1st-place votes) Points
- Illinois State (2)……………………….. 88
- Southern Illinois (3)………………….. 87
- Northern Iowa (3)…………………….. 86
- Drake (2)……………………………….. 74
- Missouri State…………………………. 57
- Evansville……………………………….. 56
- Loyola……………………………………. 35
- Bradley………………………………….. 30
- Valparaiso……………………………….19
- Indiana State………………………….18
Stephen Feistel Joins Schultheis Insurance
Schultheis Insurance launches 2018 with the January 2nd addition of Stephen Feistel. In describing his role within the company’s Personal Lines Claim Department, Feistel states, “I will be working with clients to ensure that their claims’ process is handled in the most professional manner, making the process as smooth as possible.â€
Prior to his affiliation with Schultheis, Feistel held a management position with Verizon Wireless, TCC. An Evansville native, he is the father of three sons. Feistel and his wife are actively involved in McCutchanville Youth Baseball. His additional community support includes serving as a volunteer for United Way.
Schultheis Insurance Agency is a family-owned business established in 1944 by Frank M. Schultheis, Sr. The independent insurance agency employs over 60 associates, with two locations in Evansville, Indiana, and branch offices in Mount Vernon, Indiana, and Greenwood, Indiana.
V-Day USI To Mark 20th Anniversary Of The Vagina Monologues With Benefit Reading
The University of Southern Indiana Philosophy Club and V-Day USI will present a benefit reading of Eve Ensler’s The Vagina Monologues at 7 p.m. Thursday, February 22 and Friday, February 23 in Forum III in the Wright Administration Building on the USI campus. Doors open at 6:40 p.m. and tickets may be purchased at the door for $8.
The reading is being staged to recognize the 20th anniversary of the debut of The Vagina Monologues and as part of V-Day, a global activist movement to end violence against women and girls through the staging of benefit readings of The Vagina Monologues and other performances. USI has hosted a benefit reading of Ensler’s play since 2007.
“In an era of #metoo, we truly hope the Evansville community will turn out to make V-Day a day of real victory over violence against women and girls,†said Dr. Mary Lyn Stoll, associate professor of philosophy and V-Day USI coordinator. “We can show our love to all of the women in our lives by helping to support this event.â€
Ninety percent of proceeds from the reading will be donated to Willow Tree of Posey County, working to help women and girls coping with sexual assault and domestic violence. The remaining 10 percent will go to the V-Day Rise 2018 Campaign.
Performers in the benefit reading include USI faculty members Lindsey Greer, Grace Howard and Stoll; USI students Chiamaka Atuegbu, Erica Buechlein, Elsie Carter Keith, Morgan Dale, Maya Doss, Samantha Haas, Zoie Hunter, Skyler Kemp, Kelsie Loos, August Powell, Cristine Pyle, Lindsey Stahl, Cheyenne Welte, Lauren Wojcuicj, Yasmeen Yennes and Christie York; USI alumna Gerlyn Murrell and community member Kennedy Jessup.
HOT JOBS IN EVANSVILLE
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HOT JOBS IN EVANSVILLE
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Missouri Valley Conference Announces Swimming and Diving 25-Year Team
The 2017-18 season is a landmark one for the Missouri Valley Conference and for women’s sports. To help celebrate the 45th anniversary of Title IX and the 25th anniversary of women’s sports, the Valley is naming 25-Year Anniversary Teams for each of the Valley’s sponsored women’s sports.
Team composition for each sport has been determined by a 25-person committee (two representatives from each MVC institution and a panel of five voters from the Conference office). The team composition includes years in which league teams competed under the MVC umbrella during the past 25 years (1992-2017) and does not include competition from the current season.
The representative for Evansville was 1999-2001 swimmer Kim Dodson. Arguably Evansville’s most successful women’s swimmer in the history of the program, Dodson’s legacy lives on in the still standing 50 freestyle record of 22.89, set in 2002. That same performance qualified her for the NCAA meet that season. Over her career with the Aces, she was named All-MVC on 3 occasions, 2-time Swimmer of the Year, and 7-time MVC champion. She was also named to the MVC All-Centennial team in 2007.
The Missouri Valley Conference was founded in 1907 and is the nation’s second oldest Division I athletics conference.  Women’s sports were incorporated into the MVC in 1992, having previously competed under the Gateway Conference banner from 1982-92.  In August 2017, the Conference announced its 2018 Hall of Fame Class, which featured three women (in the six person class). A total of 22 women’s athletes, coaches and pioneers have been honored by the MVC as part of the Hall.
The voting panel determined a ‘Top 10’ from a list of 25 finalists.  Those top 10 honorees are listed below, and the top votegetter is denoted.
Swimming & Diving (sponsorship from 1992-present): Eight different programs (including affiliate members) have sponsored swimming and diving in the Missouri Valley Conference during the past 25 years, including; Bradley (1994-2002); Evansville (1994-present); Illinois State (1992-present); Indiana State (2016-present); Missouri State (1998-present); Northern Iowa (1992-present); Southern Illinois (1992-present); and affiliate Arkansas-Little Rock (2013-present). Valparaiso also competes in swimming & diving. Valpo joined the Conference for the 2017-18 season.
MISSOURI VALLEY CONFERENCE SWIMMING & DIVING 25-YEAR TEAM
Kim Dodson; Evansville; 1999-01; 3-time all-MVC, 2-time Swimmer of the Year, 7-time MVC champ, qualified for NCAA
Krystal Featherston; Illinois State; 2002-05; 4-time all-MVC, 6-time MVC Champ, 3-time Diver of the Year
Wenting Zhang; Illinois State; 2012-15; 4-time all-MVC, 3-time MVC Champ, 2-time Diver of the Year, 2-time All-American
Dora Kiss; Missouri State; 2013-16; 4-time all MVC; 2-time Swimmer of the Year; 500-yrd freestyle & 200-yrd butterfly record; 10-time MVC Champ
Renata Sander; Missouri State; 2011-14; 4-time all-MVC; 8-time MVC Champ; 3-time Swimmer of the Year
Lauren Pavel; Missouri State; 2014-17; 4-time all-MVC, 100-yrd breaststroke, 200-yrd breaststroke, & 200-yrd indiv. Medley records, 6-time MVC Champ, 2-time Swimmer of Year
Emily Gable; Southern Illinois; 2007-10; 4-time all-MVC, 2-time MVC Champ, 2-time Diver of the Year
Kirsten Groome; Southern Illinois; 2009-13; 3-time all-MVC, 1,000 yard & 1,650 yard freestyle records, 6-time MVC Champ, Swimmer of Year
Julie Ju; Southern Illinois; 2006-08; 3-time all-MVC, 8-time MVC Champ, 3-time Swimmer of Year
*Sherry Zhang; Southern Illinois; 2013-15; 4-time all-MVC, 3-time Diver of the Year, 3-meter dive record, 1-meter dive record, 7-time MVC C