Haynie’s Corner Pub to Change Ownership After 41 Years
After more than 41 years of business the Haynie’s Corner Pub is about to have a new owner. Danny Baumgart has owned the bar since 1976 and wasn’t looking to sell the place but says the opportunity just fell into his lap. Moriah Hobgood will be…
Lilly King Had An Unbelievable 50 Breaststroke Time For The Hoosiers
The Indiana University women’s swimming and diving team got off to a great start at the 2017 Big Ten Women’s Swimming and Diving Championships on Wednesday night at the Boilermaker Aquatic Center in West Lafayette, Ind.
After the first two events of the Big Ten Championships, Indiana sits in fourth place with a total of 108 points. Minnesota leads with a total of 118, while Michigan is second with 114 and Wisconsin is third with 110.
In the 200 medley relay, the IU team of Kennedy Goss, Lilly King, Gia Dalesandro and Ali Rockett took home the silver medal with a NCAA A cut time of 1:35.74 – just .01 seconds off the school record. The Hoosiers were right there at the end, but got out-touched by Minnesota at the wall, who won with a Big Ten record time of 1:35.55.
King had an unbelievable 50 breaststroke time for the Hoosiers, as she was the only swimmer to break 26 second with her split of 25.55. The Evansville, Ind. native’s time is the fastest in the country so far this season.
In the 800 freestyle relay, the Indiana team of Stephanie Marchuk, Goss, Delaney Barnard and Dalesandro finished fourth overall with a season-best and NCAA A cut time of 7:04.50.
Marchuk’s leadoff time of 1:46.81 was a NCAA B cut mark and was the fastest time this season for any Hoosier in the 200 freestyle.
The Hoosiers will continue at the 2017 Big Ten Championships on Thursday morning with the prelims of the 500 freestyle, 200 IM, 50 freestyle and 1-meter dive. The action gets underway at the Boilermaker Aquatic Center in West Lafayette at 11:00 a.m. ET.
Be sure to keep up with all the latest news on the Indiana men’s and women’s swimming and diving teams on social media – Twitter, Facebook and Instagram.
200 Medley Relay
800 Freestyle Relay
COA: Dirty pictures allowed by Legislature
Marilyn Odendahl
Revisiting the question of whether sending sexually explicit photographs to a 16- or 17-year-old is permitted under state law, the Indiana Court of Appeals upheld its earlier ruling by finding the Legislature’s inaction to amend the statute implies dirty pictures are suitable for these teens.
Sameer Girish Thakar was charged with a Class D felony for dissemination of matter harmful to minors after he allegedly sent an electronic photo of his genitals to a 16-year-old girl in Oregon. He successfully moved to get the charging information dismissed on the grounds that the statute criminalizing dissemination of matter harmful to minors is unconstitutionally vague.
Key to Thakar’s argument was the decision by the Court of Appeals in a nearly identical case, Salter v. State, 906 N.E.2d 212 (Ind. Ct. App. 2009).
Salter split the appellate panel with the majority asserting the Legislature has made no distinction between Indiana’s age of consent at 16 years of age and dissemination of harmful material.
According to the majority’s opinion in Salter, “the Indiana legislature has made an implied policy choice that in-person viewing of another person’s genitals is ‘suitable matter’ for a sixteen- or seventeen-year-old child. … [I]f such images are harmful to sixteen- and seventeen-year-old children, then why would our legislature allow those children to view the same matter in-person, in the course of sexual activity?â€
Judge Nancy Vaidik, now chief judge, dissented, in Salter. She argued even though the Legislature has not criminalized sex between adults and 16- and 17-year-olds, that does not mean that sending sexually suggestive pictures to a minor is suitable.
In State of Indiana v. Sameer Girish Thakar, 29A02-1606-CR-1265, the Court of Appeals was not swayed by the dissent in Salter.
The unanimous appellate panel noted the state made no attempt to show that Thakar is different from Salter. Instead, the state contended it is logical to distinguish between an adult have sexual intercourse with a 16-year-old and an adult sending suggestive material to a 16-year-old.
The Court of Appeals disagreed and, again, pointed to the inaction by the Legislature to make any distinction.
“Regardless of whether the legislature could choose to make such a distinction as the State claims should exist, the fact remains, that it did not expressly do so. And without clearly stating such a distinction, we believe the dissemination of harmful matter statute is vague, ambiguous, and must be construed against the State,†Judge Michael Barnes wrote. “Without some clear statement by the legislature to the contrary, we conclude reasonable persons would find it confusing for the State to permit actual sexual activity between adults and sixteen year olds while criminalizing the transmission of sexual images from an adult to a sixteen-year-old.â€
Olus “Tex†Justus entertained Tri-Staters for more than three decades as host of “T. J. Time,†a morning program featuring “old time†country music on Boonville’s WBNL radio station. A native of Texas, Justus made his singing debut in 1936 in Louisville. A few years later, he organized a dance band named the Texas Cowboys and settled in Owensboro. Justus joined the WGBF radio staff in Evansville in the late 1940s before he started broadcasting in Boonville four years later. Wearing his trademark cowboy hat, he appeared at the Grand Ole Opry in Nashville and was inducted into the Country Music Disc Jockey Hall of Fame in 1988, three years after his death in Evansville.
Jennifer and Benjamin Schmitt, Newburgh, Ind., son, Weston Lee, Feb. 4
Kristy and Josh Lancaster, Slaughters, Ky., son, Dax Martin, Feb. 4
Chrystal and Vincent Cox, Evansville, daughter, Tilley Reese, Feb. 4
Brooklynn and Luke Spaetti, Evansville, daughter, Edna Rose, Feb. 5
Stephanie and James Stewart, Newburgh, Ind., daughter, Lucille Faith, Feb. 5
Kimberly Jensen and Brayden Powers, Evansville, daughter, Alaina Ann, Feb. 6
Ashley Childers and Roy Morrow, Evansville, daughter, Londyn Grace, Feb. 7
Maggie Clardy and Clint Hoehn, New Harmony, Ind., son, Jordan Paul, Feb. 7
Brittany Abernathy and Antonio Lopez, Evansville, daughter, Lila Rosemarie, Feb. 8
Amy and Aaron Schuetter, Evansville, daughter, Nora Elizabeth, Feb. 8
Kendra and Michael Ray, Evansville, daughter, McKinley Kate, Feb. 9
Leah and Andrew DiMaggio, Evansville, son, Sebastian Joseph, Feb. 9
Kathleen and Adam Barker, Newburgh, Ind., son, Garrett Lee William, Feb. 9
Latoya Lewis and Erick Tandy, Evansville, daughter, Eriyah Ny’Jae, Feb. 10
Courtney and Jacob Hish, Ridgway, Ill., daughter, Johannah Claire, Feb. 10
Shantay and Bryan Blackman, Evansville, daughter, Camille Victoria Renee, Feb. 11
Summer Goebel, Evansville, son, Winter Willow Louis, Feb. 11
Emily and Joseph Weil, Evansville, son, Lucas Alan, Feb. 12
Timia and Matthew Wilhite, Evansville, son, Jaxon Doyle, Feb. 12
Do you feel that the new Doubletree Hotel will be successful?
Olivia Covington for www.theindianalawyer.com
A Warrick County attorney who was already suspended from the practice of law for failure to comply with court orders has been disciplined with an additional three-year suspension after he converted an elderly woman’s guardianship funds to himself.
As a court-appointed guardian of an incapacitated 88-year-old woman living in a Warrick County nursing home, Gene Emmons, a Booneville attorney, became a signatory on the woman’s PTSB and PNC bank accounts. The PTSB account was an attorney fiduciary account subject to overdraft reporting to the Supreme Court Disciplinary Commission.
Without authorization, Emmons wrote three checks to himself totaling $20,000 from the PTSB account, noting in the subject line that they checks were for “legal fees.†The court ordered Emmons to prepare a biennial accounting of his guardianship over the woman in 2015, which he failed to do, prompting his removal as her guardian. Emmons was then ordered to file a final accounting, which he also did not complete.
Emmons then failed to appear at a court-ordered hearing for his failure to comply with the accountings, and he did not respond to an investigation into his actions by the Disciplinary Commission. Subsequent show cause proceedings resulted in Emmons’ indefinite suspension due to his noncooperation in 2016 in Matter of Emmons, 52 N.E.3d 797 (Ind. 2016).
Emmons was found to have violated Indiana Professional Conduct Rules 1.15(a), 3.4(c), 8.1(b) and 8.4(b), (c) and (d) as well as Rule 4(A)(2) of the Indiana Supreme Court Disciplinary Commission Rules Governing Attorney Trust Account Overdraft Reporting. The commission recommended that Emmons be suspended for at least three years without credit for his previous noncooperation suspension, and the Indiana Supreme Court agreed in the case of In the Matter of: Gene D. Emmons, 87S00-1604-DI-190.
In a per curiam opinion handed down Tuesday, the justices wrote that Emmons’ conversion of the guardianship funds and his attempts to conceal his actions were “among the most serious types of misconduct.†While the American Bar Association’s Standards for Imposing Lawyer Sanctions recommend disbarment for such conduct, the court noted that the commission had found Emmons’ inexperience as an attorney and lack of prior disciplinary actions as mitigating factors. Emmons was admitted to practice in 2008.
The court agreed to the recommendation of a three-year suspension without automatic reinstatement. If Emmons chooses to petition for reinstatement after the three-year period has expired, he will have to “prove his professional rehabilitation by clear and convincing evidence.†The costs of the proceedings were also assessed against him.
Justice Steven David voted to reject the conditional agreement proposed by the Disciplinary Commission and Emmons.
Air quality forecasts for Evansville and Vanderburgh County are provided as a public service. They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health. The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday). When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.
Ozone forecasts are available from mid-April through September 30th. Fine particulate (PM2.5) forecasts are available year round.
| Tuesday February 14 |
Wednesday February 15 |
Thursday February 16 |
Friday February 17 |
Saturday February 18 |
|
| Fine Particulate (0-23Â CST avg) Air Quality Index |
good | good | good | moderate | NA* |
| Ozone Air Quality Index |
NA* | NA* | NA* | NA* | NA* |
| Ozone (peak 8-hr avg) (expected) |
NA* | NA* | NA* | NA* | NA* |
* Not Available and/or Conditions Uncertain.
Air Quality Action Days
Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.
Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).
Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.
National and regional maps of current conditions are available through USEPA AIRNow.
The 14th-ranked University of Southern men’s basketball team is ranked second in the first NCAA Division II Midwest Region poll of 2016-17. This is the highest regional ranking for USI since the end of the 2006-07 season when the Screaming Eagles were the second seed in the NCAA II Midwest Regional.
The Eagles follow fourth-ranked Bellarmine University in the first poll that includes five teams from the Great Lakes Valley Conference in the region’s top 10 teams. Following USI and Bellarmine from the GLVC is the University of Wisconsin-Parkside (sixth), Quincy University (seventh) and Truman State University (eighth).
The Great Lakes Intercollegiate Athletic Conference was represented by 24th-ranked Ferris State University (third); University of Findlay (fifth) Wayne State University (ninth); and Lake Superior State University (10th), while 13th-ranked Kentucky Wesleyan College (fourth) was the lone representative from the Great Midwest Athletic Conference.
The top eight team from the Midwest Region advance to the NCAA Division II Tournament at the end of the season. The regional is routinely hosted by the top seed in the regional.
USI is back in action tomorrow night when it begins its final homestand of the 2016-17 regular season by hosting the University of Illinois Springfield. The Eagles finish the homestand with Senior Day on Saturday when they welcome McKendree University to the Physical Activities Center.
A win this week will clinch a first round bye in the upcoming GLVC Tournament at the Ford Center, March 2, 4-5.
#23 USI visits #2 Tampa to open season
The 23rd-ranked University of Southern Indiana baseball team opens the 2017 campaign with a visit to the second-ranked University of Tampa February 17-19 in Tampa, Florida. The first pitch Friday and Saturday is set for 5 p.m. (CST), while the series finale on Sunday is 11 a.m. (CST).
The Screaming Eagles, 38-21 in 2016, follows its trip to play the Spartans with the home opening series February 24-26 with the Dunn Hospitality Invitational at the USI Baseball Field. USI opens the invitational with Wayne State University (Michigan) February 24 at 1 p.m. before concluding its part of the home weekend Saturday against Notre Dame College at 4:30 p.m.
Coverage of all of the Screaming Eagles’ action in 2017 can be found on GoUSIEagles.com.
SCREAMING EAGLES BASEBALL NOTES:
USI finished 2016 at the D-II Baseball Championships. The Screaming Eagles made their fourth appearance in the NCAA Division II Baseball Championship in 2016 and their 12th appearance overall in the NCAA II Tournament. USI finished tied for fifth nationally in 2016, going 1-2 in the championship series.
Eagles won fourth NCAA II Midwest Regional in 2016. USI has won its fourth Midwest Regional in 2016 (2007, 2010, 2014, 2016), sweeping thru with a 4-0 record.
USI won the GLVC East. The Eagles won the GLVC East Division title this spring, marking the fourth time in the last seven seasons, taking the East Division three times (2011, 2014, 2016) and the West Division once (2010). USI has gone on to win an NCAA Division II national title in 2010 and 2014.
Returning at the plate in 2016. USI junior infielder Sam Griggs is the Eagles’ top returning hitter in 2017. Griggs batted .342 with a team-high 51 RBIs and ranked second with seven homeruns. USI junior outfielder/infielder Drake McNamara follows Griggs with a .316 average and a team-high eight home runs, while knocking in 41 RBIs.
Top winners. Senior right-handers Colin Nowak and Lucas Barnett were the top two arms for the Eagles in 2016. Barnett led the team with eight victories (8-5 overall) and a team-high 79 strikeouts. Nowak was second with seven victories (7-3 overall) and is top among the returning starters with a 3.15 ERA.
Archuleta at USI. USI Head Coach Tracy Archuleta reached 500 all-time victories last year and became the Eagles’ all-time winningest coach in program history. Archuleta has a USI record of 378-192 (.663) in nine seasons and is 526-316 (.625) in 14 seasons as a head coach. He has been named the ABCA Division II Coach of the Year twice (2010 and 2014) after leading the Screaming Eagles to a pair of national championships and the ABCA Division II Midwest Region Coach of the Year after leading USI to the regional crown in 2016. Archuleta also has earned a pair of GLVC Coach of the Year awards (2011 and 2014) at USI.
USI vs. Tampa. USI is 2-4 all-time against the University of Tampa, 1-3 in the regular season. The Eagles lost the first regular season meeting in 1983 and lost a two of three in the 2015 regular season opening series. In the post-season, USI is 1-1 versus Tampa in the Division II Baseball Championship Series (loss in 2007; win in 2014).
Tampa. Tampa, which is 5-1 to start the 2017 campaign, finished last year with a 41-10 overall record, concluding the season in the NCAA Division II South Regional.
Advance to State Competition
Nineteen students from the EVSC’s Southern Indiana Career and Technical Center earned the opportunity to advance to the state SkillsUSA contests April 21 and 22 after competing in the regional contests this past weekend.
In addition to advancing to the state level, Vincennes University provides scholarships to students who finish in the top three. Students placing first receive a $2,500 scholarship; those placing second receive $1,000; and those placing third receive $500.
Below is a list of regional winners:
Diesel Equipment Technology
1st place – Cole Dilbeck – Gibson Southern
3rd place – Bennett Hall – Castle
Electrical
1st place – Matthew Mays – North (Industrial Motor Controls)
1st place – John Clutter – Gibson Southern (Robotics and Automation)
1st place – Keaton Briggs – North (Robotics and Automation)
2nd place – Matthew Klein – New Tech Institute (Robotics and Automation)
2nd place – Lucas Brinkmeyer – Central (Robotics and Automation)
Automotive Refinishing Technology (Auto Body)
2nd place – Charles Ramsey – Reitz
Automotive Service
1st place – Sterling Mounts – Gibson Southern – $2,500 Vincennes College Scholarship and  $5,000 Ohio Technical College Scholarship
CNC Technician
1st place – Mason Havener – New Tech Institute
2nd place – Aaron Bergman – Castle
3rd place – Tyler Baker – Boonville
CNC Lathe
1st place – Joe Allbright – Mt. Vernon
Internetworking
1st place – Cole Robling – Castle
2nd place – Jadon Berghorst – New Tech Institute
3rd place – Tanner Mattingly – New Tech Institute
4th place – Sheldon Silen – New Tech Institute
Masonary
2nd place – Caleb Lambert – Central
Carpentry
3rd place – Lucas Sulawske – Harrison
