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Weekly Brown Bag performances return to the Arts Council next week!
Women’s cross country 12th at Conference Crossover
University of Southern Indiana women’s cross country placed 12th out of 34 teams Saturday morning at the Lewis Conference Crossover in Romeoville, Illinois.
Junior Hope Jones (Cumberland, Indiana) led the Screaming Eagles in the 5k race with a 28th place finish in a time of 22 minutes, 30.5 seconds. Freshman Jennifer Comastri (Indianapolis, Indiana) also earned a top 50 finish, taking 48th in 22:51.7.
The third Eagle to cross the line was senior Jessica Lincoln (Palatine, Illinois) in 83rd, with junior Kate Henrickson (Boonville, Indiana) and sophomore Ellie Tjelmeland (Springfield, Illinois) completing the USI top five.
California Baptist University won the meet with 51 points, while regional foe Grand Valley State University was second with 66. USI was 12th with 379, just 12 points behind 11th place Cedarville University.
Next up for the Eagles are the Great Lakes Valley Conference Championships October 21 in Kirksville, Missouri. The Eagles will be going for their seventh consecutive conference championship.
Divorced Parents To Become Co-Owners Of The Ex-Husband’s 529 Savings Account
Olivia Covington for www.theindianalawyer.com
An Indiana trial court erred when it ordered two divorced parents to become co-owners of the ex-husband’s 529 savings account in post-dissolution proceedings, finding the account was the man’s property, so the trial court lacked authority to make his ex-wife a co-owner.
In David K. Miller v. Joy A. (Miller) Brown, 03A01-1703-DR-512, David Miller opened two 529 college saving accounts in his name for his sons, Z.M. and N.M., with each son designated as beneficiary of one of the accounts. After Miller and his wife, Joy Brown, divorced in 2010, he continued contributing to the accounts, while Brown opened two new 529s in her name and designated each of her sons as beneficiaries of one of the accounts.
In June 2014, Brown filed a petition indicating Z.M. had started college and asking the Bartholomew Superior Court to order Miller to pay a share of the expenses. Miller objected, noting Z.M. was 19 and, thus, was emancipated when Brown filed her petition. While that petition was still pending, Brown filed a similar motion as to N.M., who had “plans†to attend college after his graduation.
At a subsequent hearing, Brown claimed she had paid up to $25,000 for Z.M.’s college, but that he had “failed†and dropped out. The trial court then dismissed Brown’s petition as to Z.M., agreeing with Miller that she had waited too long to file the petition because he was 19 years old at the time of the filing. The court also denied her request for reimbursements from Miller’s 529 account for Z.M.
Brown renewed her petition as to N.M. when he enrolled in college in the fall of 2016, testifying that Miller had not paid any portion of N.M.’s tuition. By the time of the second hearing, Brown had consolidated her 529s into a single account consisting of $11,400 for N.M., while Miller’s accounts held balances of $21,000 and $25,000, respectively.
After the second hearing, the trial court ordered the parties to consolidate the 529 funds into one account, with Miller and Brown as equal co-owners. All of N.M.’s college expenses were to be paid from that account, and any additional expenses were to be paid 55 percent by Brown and 45 percent by Miller.
Miller appealed, challenging only the portion of the trial court’s order that created a single, jointly owned 529 account. The Indiana Court of Appeals agreed that portion of the order was erroneous and reversed the trial court’s decision in a Friday opinion.
Chief Judge Nancy Vaidik, writing for the unanimous court, first noted that the two 529 accounts opened by Miller were legally Miller’s property, even though they were intended to benefit his sons. Further, Vaidik wrote the trial court’s order went against the meaning of Indiana Code 31-16-6-3, which holds that a court “may set apart the part of the property of either parent or both parents that appears necessary and proper for the support of the child.â€
“But the trial court did not merely order part of Father’s property ‘set apart’ for the future support of Z.M. and N.M.,†the chief judge said. “Rather, it purported to make Mother a co-owner of Father’s property. The text of Section 31-16-6-3 does not authorize such a post-dissolution division of property.â€
“But this is not the end of the line for Mother,†Vaidik continued. “While we are constrained to vacate the order requiring the parties to create a single, jointly owned 529 account, we must also remand this matter for a new ruling on Mother’s petition for payment of N.M.’s college expenses.â€
Eagles soar to third place finish at Conference Crossover
The University of Southern Indiana men’s cross country team brought home a third place finish out of 31 teams at the Lewis Conference Crossover Saturday morning in Romeoville, Illinois.
Senior Bastian Grau (Höchstadt, Germany) paced the Screaming Eagles with a 12th place finish in a time of 25 minutes, 17.2 seconds. Senior Cain Parker (Petersburg, Indiana) just missed out on a top 25 finish, coming in at 26th in 25:35.8.
Sophomores Austin Nolan (Evansville, Indiana) and Javan Winders (Mansfield, Tennessee) were 33rd and 36th, respectively, while senior Darin Lawrence (Indianapolis, Indiana) rounded out the Eagles’ scoring in 49th.
Grand Valley State University won the meet with 55 points, while California Baptist University was second with 121, with USI in third with 150.
Next up for the Eagles are the Great Lakes Valley Conference Championships October 21 in Kirksville, Missouri. The Eagles will be going for their 13th consecutive conference championship.
Judicial Committee Narrowly Approves 7th Circuit Nominee Barrett
Marilyn Odendahl for www.theindianalawyer.com
The U.S. Senate Committee on the Judiciary voted along party lines Thursday to approve Amy Coney Barrett’s nomination to the 7th Circuit Court of Appeals.
Barrett, a professor at Notre Dame Law School, along with Michigan Supreme Court Justice Joan Louise Larsen, nominated to the 6th Circuit, and Eric Dreiband, nominated to be assistant attorney general to the Department of Justice’s Civil Rights Division, were approved by the committee on 11-to-9 votes. None of the nominees garnered any votes from Democrats.
Prior to the vote, Democrats and Republicans sparred over the questions Barrett faced during her Sept. 6 hearing. Committee members, primarily Democrats, raised concerns about Barrett’s willingness to follow precedent and her ability to separate her Catholic faith from her judicial decisions. A few Republicans also asked about her past scholarly writing which contemplated when a judge’s religious beliefs conflict with the law.
Committee Chairman Charles Grassley, R-Iowa, remarked specifically about Barrett, calling her “eminently qualified†and an exceptionally bright nominee.†He also admonished his Democrat colleagues for strongly implying in their questions that “She was too Catholic.†He characterized their questioning as leading the committee down a “dangerous road†of implementing an unconstitutional religious test for nominees.
“I don’t think how religious a nominee is or isn’t should every be part of our evaluation,†he said.
Committee ranking member Dianne Feinstein, D-Calif., and Sen. Dick Durbin, D-Ill., both Catholics, fired back. They pointed out Barrett has no judicial experience and very limited trial experience so the committee was left with reviewing her academic writing to understand her judicial views.
In addition, Durbin noted that Grassley along with Republican Sens. Orrin Hatch and Ted Cruz also asked Barrett about her writings on the intersection between religious beliefs and judicial experience.
“I take our Constitution seriously when it says there shall be no religious test for public office but many senators on this committee, Republicans and Democrats, felt the writings of the nominee warranted an inquiry about her views on the impact of religion on a judge’s role,†Durbin said. “That is not a religious test.â€
Barrett’s nomination will now go to the Senate floor for a vote by a full chamber.
President Donald Trump nominated Barrett to fill Indiana’s 7th Circuit seat vacated by Judge John Tinder in 2015. Former Indiana Supreme Court Justice Myra Selby was nominated to replace Tinder by President Barack Obama, but then-Sen. Dan Coats refused to turn in his blue slip in support her nomination so the judiciary committee never gave her a hearing.
Graduating from Notre Dame Law School in 1997, Barrett has spent the majority of her career in academia. She clerked for U.S. Supreme Court Justice Antonin Scalia and then worked a few years in private practice before returning to South Bend to join the law faculty at Notre Dame.
Colleagues at Notre Dame as well as former students and attorneys who clerked alongside Barrett, have written letters in support of her nomination to the 7th Circuit.
However, Barrett has also incited strong opposition. Within minutes of the committee’s vote, both the Alliance for Justice and the Civil and Human Rights Coalition denounced the approval given to Barrett, Larsen and Dreiband.
“Additionally, advancing the nominations of Joan Larsen and Amy Barrett for lifetime appointments to federal appeals courts furthers the Trump administration’s efforts to undermine rights that women, people of color, and LGBT Americans have spent generations fighting to vindicate,†the Civil and Human Rights Coalition said in a statement.
The Power of Poison
It’s time to sleuth out the truth behind some of history’s most famous poisonings! Step into the Detecting Poison Theater and see if your students have what it takes to solve the mystery. Get up close to golden poison dart frogs and learn how they stay safe from predators. And see how scientists are using poisons to help create life-saving medical treatments. We’re busy working on exciting programming to complement the exhibition, stay tuned for details later this month! For more information or to book a field trip, call guest services at 317.232.1637.
Oct. 21, 2017 – Feb. 11, 2018
Evansville Police Merit Commission Meeting Cancellation Notice
The Evansville Police Merit Commission scheduled meeting for
Monday, October 9, 2017 has been cancelled.
The next scheduled meeting of the Police Merit Commission will be on
Monday, October 23, 2017, in Room 307 of the Civic Center Complex at 2:00pm.
Notice submitted by Sgt. Doug Schneider,
Liaison to the Evansville Police Merit Commission
The Evansville Police Merit Commission scheduled meeting for
Monday, October 9, 2017 has been cancelled.
The next scheduled meeting of the Police Merit Commission will be on
Monday, October 23, 2017, in Room 307 of the Civic Center Complex at 2:00pm.
Notice submitted by Sgt. Doug Schneider,
Liaison to the Evansville Police Merit Commission
Police investigating shooting near W. Michigan and 10th, victim expected to survive
Evansville Police officers working the Fall Festival security detail responded to the 2700 block of W. M Michigan around 11:00pm on Friday night for a report of a person laying on the ground.
Officers found 51 year old Tracy Franklin and determined he had been shot in the upper torso. He was taken to a local hospital for treatment. He is expected to survive.
Officers had escorted Franklin out of the Fall Festival area earlier in the night for being intoxicated. He had been also been involved in a theft from a carnival food booth. At this time, police do not believe the shooting was related to the other incidents that Franklin had been involved in. Although he was found in the area of the Fall Festival, police believe the shooting happened after the Festival had closed for the night.
Officers were able to speak with Franklin. Investigators are trying to identify a suspect based off of his statements. There have not been any arrests at this time.
Anyone with information about this case is asked to call EPD at 812-436-7979 or WeTIp at 1-800-78-CRIME.
USI Raines down on Quincy, 2-1
University of Southern Indiana freshman defender Justin Raines (Bartlett, Tennessee) scored twice and led the Screaming Eagles to a 2-1 victory over Quincy University Friday evening at Strassweg Field. The Eagles rise to 5-5-0 overall and 3-5-0 in the GLVC, while Quincy sees its record go to 5-5-0 overall and 4-4-0 in the league.
USI exploded out of the gate when Raines headed in a flip-throw in by sophomore midfielder Sean Rickey(Columbia, Illinois) at 1:07. The goal was Raines’ third of the season.
The Eagles held the 1-0 lead through the intermission before the Hawk knotted the game at 1-1 at 53:27. Raines put the Eagles back on top seven minutes later with his second goal of the game at 61:53.
Junior defender Brandon Williams (Avon, Indiana) and sophomore forward Eric Ramirez (Vincennes, Indiana) assisted on USI’s second goal and Raines’ fourth of the year. Williams started the play by throwing the ball into Ramirez, who headed the ball to a wide-open Raines.
Between the posts, senior goalkeeper Adam Zehme (Orland Park, Illinois) raised his record to the .500 mark in the victory. Zehme allowed one goal and made three saves for the win after facing five shots, four on-goal.
The Eagles conclude the weekend homestand Sunday at noon when they host Truman State University. Truman saw its record to 3-9-0 overall and 2-7-0 in the league after defeating McKendree University, 1-0, in Lebanon, Illinois, this evening.
After a posting a 3-0 win on the road in 2016 and winning three of the last four meetings, USI has closed the deficit in the all-time series with Truman State to 9-7-2. The Eagles also have won last two match-ups at Strassweg Field.
USI Volleyball falls to Rockhurst in straight sets
USI (3-13, 1-7 GLVC) trailed by just three points early in the opening frame when the Hawks went on a 9-2 run to pull away from the Screaming Eagles. Rockhurst hit a blistering .429 in the opener as it earned the 10-point win and one-set lead in the match.
The Eagles clawed out of a pair of seven-point deficits in the second set to narrow the gap and force Rockhurst timeouts; but the Hawks’ 19 kills in the second frame proved to be too much for USI to overcome as Rockhurst picked up the six-point victory to pad their set advantage.
Rockhurst (14-4, 6-2 GLVC) dominated the third frame, posting a .320 attacking percentage while holding USI to a .000 clip en route to the 13-point win and three-set sweep.
Sophomore middle hitter Elexis Coleman (Joliet, Illinois) and sophomore outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) each had eight kills to lead USI’s attack, while freshman setter Casey Cepicky (St. Louis, Missouri) had 24 assists and eight digs. Senior libero Shannon Farrell(Munster, Indiana) and sophomore defensive specialist Lizzy Gardner (Lafayette, Indiana) had 12 and 10 digs, respectively, to lead the Eagles’ back row.
USI returns to action Saturday at 3 p.m. when it hosts Drury University in a GLVC match at the PAC. The Panthers (14-4, 6-3 GLVC) lost in three sets to Bellarmine University Friday night in Louisville, Kentucky.
Short Box Score (Match)
Rockhurst vs Southern Indiana (Oct 06, 2017 at Evansville, IN)
Rockhurst def. Southern Indiana 25-15,25-19,25-12
Rockhurst (14-4, 6-2 GLVC) (Kills-aces-blocks) – Arand, Audrey 11-0-0; Rolf, Mary 11-0-2; Woodman, Alyssa 10-1-2; Matio, Emily 7-0-1; Reichert, Karli 5-2-2; Prusha, Dani 1-0-0; Reding, Lauren 0-1-1; Totals 45-4-5.0. (Assists) – Prusha, Dani 38. (Dig leaders) – Hellwege, Anne 16; Reichert, Karli 11
Southern Indiana (3-13, 1-7 GLVC) (Kills-aces-blocks) – Humphrey, Mikaila 8-0-2; Coleman, Elexis 8-0-2; Yochum, Alyssa 5-0-1; James, Shawntel 4-0-0; Whitfield, Te’Ayla 2-0-2; Cepicky, Casey 1-0-1; Lee, Jessica 0-1-0; Limper, Haley 0-1-0; Totals 28-2-4.0. (Assists) - Cepicky, Casey 24. (Dig leaders) – Farrell, Shannon 12; Gardner, Lizzy 10; Limper, Haley 9; Lee, Jessica 9; Cepicky, Casey 8
Site: Evansville, IN (PAC)
Date: Oct 06, 2017Â Â Attend: 51Â Â Time: 1:25
Referees: John Flinn, John Janiak