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REPUBLICAN LOGIC ON GUNS MAKES ME TWITCH

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Raging Moderate by Will Durst

Sadly fascinating to endure another predictable dance performed on the national stage by our elected politicians in response to the recent horrendous concert shooting in Las Vegas. Well, not a dance, really, more like the choreographed twitching of an unruly mob. Both parties retired to their respective corners while spasmodically jerking and mumbling hushed gobbledygook that even first graders could recite verbatim in a show and tell version of hypocritical cliches.

As surprising as milk-soaked hay after a missile strike on a dairy farm, Republicans slowly shook their heads somberly intoning that in the wake of such a tragic tragedy, this is neither the time nor the place to discuss gun control. Out of respect for the dead and injured we should wait for them to heal or die. And our thoughts and prayers are with the victims and their families.

Meanwhile, the Democrats pointed out that the only right time and right place to talk about gun control is right here and right now because these appalling incidents happen with such frequency we’re stuck in a constant state of perpetual bereavement. Experiencing a remarkable lack of intermissions.

The mythical waiting period is nothing but a ploy to insure nothing gets done, obviously the GOP’s intent all along. (And quite possibly, a secret agenda of the Dems as well.) And our thoughts and prayers are with the victims and their families.

The difference being, this time, both sides may actually reach a compromise on the regulation of something called the “bump stock,” a device that can turn a semi-automatic weapon, more automatic. Battlfield automatic. Video-game automatic.

But considering they didn’t do anything after the slaughter of 6-year-olds at Sandy Hook Elementary, the chances of our esteemed representatives accomplishing real change is similar to that of our president admitting he made a mistake. About anything.

The NRA chimed in to say they were not dead set against this new restriction, which seems to indicate the accessory in question is a novelty item and not very widespread or effective. Like banning the use of flasks in the hollow shafts of putters on the PGA Tour. Telling bakeries to give up the habanero sprinkles. Forcing baseball players to use round laces instead of flat ones on their cleats.

The Gun Owners of America maintains its opposition to any regulation, at all. Ever. These guys make the NRA look like a radical wing of the ACLU. You know that new phenomena of conservative politicians getting primaried from the right, well, that’s what the GOA threatens to do to the NRA. “You want extreme, we’ve got your vastly more extremer right here.”

In the wake of Stephen Paddock’s rain of terror, a GOA spokesman said “America will never truly be safe until all the gun-free zones are eliminated.” You know, like schools and churches and hospitals. Because that’s everyone wants; pre-teens playing cops and robbers with real guns.

Their point is gun violence can be stopped by more guns. This is the kind of logic that makes ordinary people chew their fingers off to the third knuckle. So, the best way to deal with floods is more water? To combat concussions, more hammers to the head. Got yourself a rat problem? What you need to do is meet more members of Congress.

Judge Belittled, Disparaged Tenant In $38 Rent Spat

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Dave Stafford for www.theindianalawyer.com

A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.

Dyamond Harris was sued by her landlord in Lafayette who said she owed $38 in rent. Lafayette LIHTC LP’s Romney Meadows apartments also sought to evict her and collect court costs and other fees. At a hearing, Harris disputed the debt and produced copies of money order receipts that she said proved she had paid, but representatives of Romney Meadows disputed this. Tippecanoe Superior Judge Laura W. Zeman ruled for the landlord.

“Harris contends that the trial court committed clear error by improperly shifting the burden of proof and violated her due process right to an impartial decision maker. We agree on both counts and therefore reverse,” Judge Terry Crone wrote for the panel in Dyamond Harris v. Lafayette LIHTC, LP,  79A02-1703-SC-638.

Crone wrote that Harris never admitted she owed past rent, consistently maintained that there was money in her account to cover rent, and the Lafayette landlord’s argument was without merit. The court improperly shifted the burden to Harris. “Consequently, the judgment is clearly erroneous and must be reversed.”

The COA also found the small claims court failed to preside as a neutral, impartial decision-maker, citing Zeman’s conduct from the bench that may have violated Indiana Judicial Conduct Canons 1.2, 2.3(B) and 2.8(B).

“Here, the trial court asked questions and made comments throughout both hearings that were improper. The trial court asked Harris, ‘Who else is paying your rent? Somebody is paying rent. Me as a taxpayer?  …. [What] is it about you that requires Section 8 housing such that you can’t keep track of thirty-eight dollars?’ … The trial court told Harris, ‘Okay, if they say you owe thirty-eight dollars for February just pay them the thirty-eight to get it done’ … The trial court also commented, ‘You have people who don’t work and free apartments[,] and the rest of us have to work to pay for it. That’s one of the problems in our country.’ … The trial court asked Harris, ‘Why are you not paying rent? I pay rent. I pay a mortgage. Why don’t you. … So [you] don’t work you get free rent? … What a country, what a country.’

“Lafayette contends that ‘none’ of the trial court’s comments are ‘disparaging’ of any person. … We disagree. The questions and comments belittle Harris for living in government-subsidized housing and not paying Lafayette $38.00. … We conclude that the trial court failed to preside over the hearing as a neutral, impartial decision maker in violation of Harris’s due process rights. The trial court’s actions and demeanor ‘crossed the barrier of impartiality and prejudiced’ Harris’s case,” Crone wrote, citing in a footnote to the Canons of Judicial Conduct.

“Accordingly, even if we were not reversing the judgment based on the trial court’s error regarding the burden of proof, we would reverse and order a new hearing by an impartial judge.”

UE Cross Country Wraps Up Annual Home Meet

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It was an unseasonably warm morning at Angel Mounds as the University of Evansville cross country teams held the annual UE Cross Country Invitational on Saturday morning.

Both teams battled a very warm morning to post solid times across the board.

“Some of our runners have been hurting, but we will be okay for conference in two weeks,” UE head coach Don Walters said.  “It is very important to have a meet like this at home.  With every meet, there are more and more nerves and it was good to shake those out today.”

UE’s women notched four top-18 finishes on the day, led by Sienna Crews.  The junior, who sang the National Anthem to kick the meet off, took 7th place with a 5K time of 19:54.5.  Following her was Anna Lowry.  Lowry finished the race in 12th out of 56 runners on the strength of a 20:25.8.

Taking 15th place was Ashton Bosler.  Her time finished at 20:41.8.  Izzy Dawson registered an 18th-place outing with a time of 21:11.9.  After her was Lauren Meyer, who took 23rd with a race of 21:42.4.

Lexi Sutherland and Hayley Elliott finished up the times for the ladies.  Sutherland recorded a 30th with her 22:58.5 while Elliott was 37th after running a 24:22.1.

For the men, Stanley Chepchieng was the top performer, coming home in 16th place out of 72 runners.  Chepchieng set a new PR with an 8K time of 27:33.0, besting his previous best of 27:35.6, which was set at the John McNichols Invite earlier this season.  All three of his 8K races in 2017 have been under 27:40.

Next up was Ethan Price, who checked in with a time of 27:52.8 to take 20th.  Next up with another PR was Kalen Ochs.  Coming home in 23rd, Ochs ran a 28:13.4.  That was over 15 seconds under his previous top time, which came last time out at the Greater Louisville Classic.

Fourth for UE was Dawson Hood.  He ran a 28:28.9 to take 27th.  Following him was Ricky Hendrix, whose 28:29.9 was good for 28th.  Tucker Dawson ran his best collegiate time.  A 29:30.0 was good for 36th as he was 10 seconds under his previous best.  Rounding out the contingent were Timmy Miller (31:12.2) and Aaron Cochran (31:58.0).

 

Pascual-Larrinaga advances to ITA finals

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Highlighting the third day of the ITA Ohio Valley Regionals for the University of Evansville women’s tennis team was a pair of victories by Andrea Pascual-Larrinaga as she heads to the B draw singles finals on Sunday.

Pascual-Larrinaga opened the day by defeating Zala Dovnik of Purdue, 6-4, 6-0, before taking on Austin Peay’s Fabienne Schmidt.  UE’s sophomore won again, 6-4, 6-3 and will take on Louisville’s Mia Schmidt-Jorgens in the finals on Sunday at 9:30 a.m.

Daria Pentsova took on APSU’s Helena Kuppig in the B draw quarterfinals on Saturday, falling 6-0, 6-3.

Doubles play saw Pentsova and Diana Tkachenko win the B draw finals in exciting fashion.  Evansville’s duo defeated Schmidt/Covington of APSU, 8-2, to take the victory.  Theodora Soldatou and Chieko Yamada played consolation doubles against Belmont in the third day, taking an 8-5 win.

In consolation action, Yamada and Tkachenko each racked up a win on Saturday.  Yamada picked up the victory over Wright State’s Luisa Pelayo, 6-4, 7-5.  Tkachenko took on Eastern Kentucky’s Alexandra Belle, winning 6-4, 6-2.

Marie Kapelevich fell in her consolation against Miami Ohio, 6:0, 6:2.

 

Men’s Soccer Drops Homecoming Match To Loyola, 3-0

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             McGrath leads Aces with four shots in loss

 On homecoming night, the University of Evansville men’s soccer team dropped a 3-0 match to Loyola on Saturday evening at Arad McCutchan Stadium.

“We were a little loose in the second half and gave up those two goals and that kind of killed the game off for us, but it was a competitive match up until that point,” said Aces head coach Marshall Ray. “Our guys still fought and battled, but we have to re-evaluate ourselves and look in the mirror and see what we did well and see what we did wrong and try and get that sorted out.”

Senior midfielder Ian McGrath led the Aces with four shots, two on-goal, in the loss. For the Ramblers, Elliot Collier scored twice and Alec Lasinski added a goal to power Loyola.

The Ramblers opened the scoring with a 26th-minute goal by Collier as he settled the ball and scored from the top of the box to give Loyola a 1-0 lead.

Defensively, the Aces held off the Ramblers for a 36-minute stretch until Loyola scored its second goal of the night as Lasinski received a pass in the box from Collier and finished it into the back of the net in the 62nd minute. Just a minute and a half later, Loyola recorded its third goal as Collier scored his second of the night as the Ramblers would hold that advantage, earning a 3-0 victory.

In the match, Evansville was out-shot by the Ramblers, 10-6, with Loyola also earning a slim advantage in corner kicks, 4-3.

Its back to non-conference play for the Aces as they travel to Nashville, Tennessee to take on Lipscomb at 7 p.m. on Wednesday.

Aces fall in second half of road trip

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UE volleyball drops 3-0 decision at Valparaiso

 With a long 5-set match victory on Friday evening, the University of Evansville volleyball team was unable to make it 2-for-2 on the trip as the Purple Aces dropped a 3-0 match to Valparaiso on Saturday.

Mildrelis Rodriguez led the Aces (8-13, 2-7 MVC) with seven kills while Erlicia Griffith finished the night with five.  Rodriguez also led the squad with 12 digs.  Valparaiso (10-10, 3-5 MVC) saw Taylor Graboski finish with 12 kills while Allison Ketcham had 11.

The Purple Aces had a great start on the night as Allana McInnis notched a service ace in a 4-0 run to start the match.  After the Crusaders got within one at 6-5, UE opened up a 3-point lead once again thanks to a Mildrelis Rodriguez kill.  Valparaiso continued to fight back, tying it up for the first time at 10-10 before taking the lead on the next point.  They continued to roll, going on a 10-2 run to go up 20-12.  Evansville fought back late, but Valpo took game one, 23-17.

Just as they did in the opening frame, UE got off to a nice start in game two, posting the first three tallies in a row as Gabriela Dos Santos opened it up with a kill.  The Crusaders responded with a 5-1 run as they took a 5-4 lead on an Allison Ketcham ace.  After the Aces tied it up, Valpo started to extend its lead, winning by a 25-12 final.

In the third set, it was Valpo who got off to a 3-0 start and pushed their lead to five points at 10-5.  The Aces were able to get within a pair at 13-11 in a run that was keyed by an Erlicia Griffith kill.  Following that rally, the Crusaders clamped down and pulled away to finish the match off on a 25-18 decision and a 3-0 victory.

On Friday, the Aces are back home for a 7 p.m. matchup versus Indiana State at Meeks Family Fieldhouse.

 

 

ADOPT A PET

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Waylon is a 6-year-old male American Staffordshire Terrier (or “pit bull”) mix. He was transferred to VHS from Ohio County, Kentucky when they were out of room. His walkers and caregivers say he’s a sweet, social, and silly boy who likes other animals! He weighs 51 lbs. He rode in the 2017 Fall Festival parade, and while he thought the Boom Squad was a little scary – he otherwise loved all the attention! Waylon’s $100 adoption fee includes his neuter, microchip, vaccines, and heartworm test. Contact Vanderburgh Humane at (812) 426-2563 or adoptions@vhslifesaver.org for details!

Aces Fall To Drake On Homecoming, 4-1

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 The University of Evansville women’s soccer team took an early lead, but eventually fell to Drake, 4-1, on homecoming on Saturday afternoon at Arad McCutchan Stadium in Evansville, Indiana.

“Anytime we can score first, the girls get excited,” said Aces head coach Krista McKendree. “I thought that would really be an energizer for us to come out and compete for the rest of the game, but that wasn’t the case.”

For the Aces, senior midfielder Montana Portenier led the way with a goal on two shots. Rachel Wanninger led the Bulldogs with a pair of goals on four shots.

Portenier got the scoring started in the 28th minute as junior forward Sara Osinski launched a shot that deflected off the crossbar and Portenier gathered the rebound and found the back of the net.

Just before the half, Drake found its equalizer as Hannah Wilder scored in the box off assists by Olivia Bruce and Abby Stephenson.

In the 52nd minute, the Bulldogs gained their first lead of the match on a goal by Wanninger from 15 yards out off an assist by Rebecca Rodgers. Wanninger added a second goal on the afternoon in the 61st minute, assisted by Alyssa Brand. Drake added a fourth goal in the waning moments of the match as Rodgers was once again involved, assisting Hannah Bormann on a goal in the 89th minute.

The Aces were out-shot by Drake, 18-5, with corner kicks also going in the Bulldogs favor by a narrow 3-2 margin.

Up next, Evansville heads to Terre Haute to take on Indiana State on Wednesday night at 6 p.m. (CT).

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Make That Five Straight For USI Volleyball

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University of Southern Indiana Volleyball racked up 44 kills and a .314 attacking percentage en route to its fifth consecutive win, this time a 26-24, 25-15, 25-20 triumph over Ohio Valley University in its final match of the Midwest Region Crossover.Freshman setter Casey Cepicky (St. Louis, Missouri) had 32 assists and five kills to lead the Screaming Eagles, while senior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) finished with 11 kills, a .529 attacking percentage and three blocks.

USI (8-13) also received 11 kills from sophomore outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) as well as 12 digs from senior libero Shannon Farrell (Munster, Indiana).

The Eagles, who began the day with a four-set win over Ashland University, return to GLVC play Friday at 7 p.m. when they travel to Louisville, Kentucky, to take on East Division rival Bellarmine University.

Set 1
Both teams racked up high attack percentages, but five service error hampered the Fighting Scots (7-14), who hit .412 in the opener. Humphrey had four kills to lead the Eagles, who hit .323 in the first frame.

Set 2
USI raced out to a 10-3 lead in the second set and never let up as the Eagles held Ohio Valley to a .065 attacking percentage. Humphrey again paced the Eagles with five kills in the second set.

Set 3
The Eagles used a pair of 3-0 runs midway through the third set to pull away from the Scots. USI had 16 kills and a .371 attacking percentage in the final stanza, including five kills and .714 hitting clip from Whitfield.