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Human Trafficking Victim Shares Story with IVY Tech Students
Human Trafficking Victim Shares Story with IVY Tech StudentsOlivia Covington for www.theindianalawyer.com
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
In March 2012, William Brandon was at the Buddy & Pal’s Place bar in Schererville attending a birthday party. Thomas Walker was also at the party, although the two men did not know each other.
Brandon and Walker got into an argument at some point, which was broken up by a bar employee, who escorted Walker and two women out of the bar. Once outside, Walker realized that he did not have his cell phone, and one of the women told him that Brandon had taken it. Walker then asked if he could return to the bar to retrieve his phone, and he was escorted back inside.
As he was approaching the table, Brandon stood in his way “to provoke a fight,†prompting Walker to punch him in the forehead. Brandon swung back, slipped and fell and cut his hand on a beer bottle. He was taken to a hospital and underwent surgery.
Later that month, Brandon and his wife filed suit against the bar and Walker. Walker did not file a response, so Brandon filed a motion for default judgment against Walker. A trial court judge found that Walker was in default, at which point Walker filed a pro se letter saying that he disagreed with the charges and had been in contact with Brandon’s lawyer.
Three years later, Walker appeared in court pro se. The final instructions gave the jury the option of assigning fault in the incident based on percentages, with Brandon’s attorney urging the jury to find the bar 85 percent at fault and Walker 15 percent at fault. Instead, the jury found Brandon to be 100 percent at fault.
After the verdict, Brandon requested direction from the judge on the default that had been entered against Walker three years earlier and also filed a motion to correct error and requested a new trial. The judge denied the motion to correct error, saying Brandon did not bring up Walker’s default until after the conclusion of the trial and that Brandon had not objected to Walker’s participation in the trial.
Brandon appealed the denial of his motion to correct, arguing that because Walker had been established as liable by default, the judge should have granted a new trial on damages only. But the Indiana Court of Appeals wrote Friday that it agreed with the trial court’s judgment that Brandon’s silence on Walker’s default during the trial had waived the rights he had by virtue of the default.
“Only when the trial did not turn out the way the Brandon wanted it to turn out and the jury was excused did Brandon raise the issue of default against Walker with the trial court,†Chief Judge Nancy Vaidik wrote for the court Friday. “This was too late.â€
The case is William Brandon, Jr. and Sarah Brandon v. Buddy & Pal’s III, Inc. d/b/a/ Buddy & Pal’s Place and Thomas Walker, 45A04-1511-CT-1970.
Hoosier Homecoming
| Dear Friend,
The deadline for fourth-grade students to submit their entries into this year’s Statehood Day Essay Contest is quickly approaching. Essays need to meet these guidelines and must be postmarked by Friday, Oct. 21, to the following address: Indiana Center for the Book
Suzanne Walker 140 N. Senate Ave. Indianapolis, IN 46204 Essays can also be emailed to suwalker@library.in.gov by 5 p.m. on Oct. 21. Winners of the “Hoosier Bicentennial and Beyond!” essay contest will be honored at the Statehood Day Celebration on Friday, Dec. 9, in Indianapolis. Click here for more information. As part of the bicentennial celebration, the public is invited to attend “Hoosier Homecoming,” a free, family fun and learning day from noon to 5 p.m. on Saturday, Oct. 15, on the Statehouse grounds. Good luck to all students participating in the essay contest and happy 200th birthday, Indiana! Sincerely, State Rep. Wendy McNamara |
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On Sale Elf The Musical!
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Adopt A Pet
 Jackson is a 4-year-old male black cat. He’s very sweet and gets along with other cats. He’s laid-back and doesn’t make much fuss in the Cageless Cat Lounge! Jackson is already neutered and ready to go home TODAY. His $30 fee also includes his microchip, vaccines, FeLV/FIV test, and more! Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption information!
Slow starts sink Eagles
Despite making late rallies in all three sets, the University of Southern Indiana volleyball team could not overcome slow starts as it suffered a 25-18, 25-20, 25-20 setback to Tiffin University in its final match of the 2016 Midwest Region Crossover Saturday afternoon.
The Screaming Eagles (9-12) fell into large holes in all three sets before making late pushes. USI, however, could not complete any of the comeback attempts as it suffered its third three-set loss in the last four matches.
In the opener, USI rallied from a 22-10 deficit to get to within six before suffering the seven-point setback. The Eagles rallied from eight back to get to within 22-20 in the second frame; the Dragons scored the final three points of the set to earn the five-point victory.
Tiffin (12-9) built a 22-14 lead late in the third stanza prior to the Eagles closing to within four points at 23-19. The Dragons, however, sandwiched points around a USI tally to seal the match with another five-point win.
Freshman outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) had nine kills to lead the Eagles, while sophomore setter Erika Peoples(Bloomington, Illinois) and junior libero Shannon Farrell (Munster, Indiana) finished with 23 assists and 10 digs, respectively.
USI struggled to slow down Tiffin’s attack as the Dragons finished with a .375 hitting percentage, including a .406 clip in the second set
The Eagles, who finish the Crossover with a 1-2 record, resume Great Lakes Valley Conference play Friday at 7 p.m. when they travel to Rensselaer, Indiana, to take on Saint Joseph’s College.
Air Quality Forecast
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.
| Friday October 14 |
Saturday October 15 |
Sunday October 16 |
Monday October 17 |
Tuesday October 18 |
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| Fine Particulate (0-23Â CST avg) Air Quality Index |
good | good | good | good | 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.
BREAKING NEWS: Indiana State Police Calls Patriot Majority USA Allegations Completely False
Saturday October 15, 2016, 4:19 PM
Indiana State Police-Headquarters – Statewide
Community: Indiana State Police Calls Patriot Majority USA Allegations Completely False
Indiana State Police Calls Patriot Majority USA Allegations Completely False; Has Uncovered Intentional Acts of Fraud and Will Protect the Integrity of the Election and Every Citizen’s Right to Vote
In response to accusations by Patriot Majority USA of voter suppression efforts and civil rights violations by the Indiana State Police (ISP), the ISP issued the following statement:
“Every allegation by Patriot Majority USA against the Indiana State Police is completely false. In fact, it is clear from evidence documented to date that we have uncovered intentional acts of fraud by representatives of Patriot Majority USA,†said Captain David Bursten, Chief Public Information Office for the Indiana State Police. “The Indiana State Police is charged with enforcing the laws of the state of Indiana and we are determined to protect the integrity of the election and every citizen’s right to vote.â€
In late August, Hendricks County Voter Registration Officials received voter application forms that appeared to be fraudulent or forged and they contacted the Indiana State Police. Per standard protocol, the ISP then made a courtesy notification to the Indiana Secretary of State’s office that it had initiated an investigation that has since expanded to 56 Indiana counties.
Important points related to this ongoing investigation include:
The possible fraudulent or false information is a combination of made up names and made up addresses, real names with made up or incorrect addresses and false dates of births with real names as well as combinations of all these examples.
The expanded number of counties involved leads investigators to believe the total of potentially fraudulent records may be in the thousands, thus creating a potential to disenfranchise many voters
A representative sample of voter registration applications received by county voter registration offices suspected of being fraudulent have been COPIED and provided to state police detectives. In all cases the ORIGINAL applications are maintained by the appropriate voter registration office
When the search warrant was executed on October 4, copies were made of voter application forms and the originals were left with representatives of Indiana Voter Registration Project, a subsidiary of Patriot Majority USA
In accordance with state law, all voter registration applications received by Indiana voter registration offices are processed according to established policies
There are simple steps citizens can take to confirm they are properly registered by visiting this site: https://indianavoters.in.gov
If after checking this source, a citizen discovers inaccurate information that indicates they could be a victim, they should contact their local voter registration office and the 24-hour Indiana State Police Voter Registration Application Fraud tip line of 888-603-3147.
USI Men’s Soccer battle Drury to 1-1 tie
Freshman midfielder Sean Rickey (Columbia, Illinois) scored in the 84th minute of regulation as the No. 22 University of Southern Indiana men’s soccer team battled host Drury University to a 1-1 Great Lakes Valley Conference double-overtime tie Friday night.
After seeing the Panthers (9-2-2, 7-2-2 GLVC) take a 1-0 lead in the 68th minute on a goal by Ben Bruce, the Screaming Eagles answered as Rickey scored from 12 yards out off an assist from junior midfielder Riley Belding (Columbus, Indiana).
Junior goalie Adam Zehme (Orland Park, Illinois) stopped three Drury shots from reaching the net to keep the Eagles in the contest. The Panthers held a 20-9 advantage in shots, including a 4-2 edge in shots on goal.
With the tie, USI (10-2-1, 8-2-1 GLVC) snaps a five-game losing streak to Drury and a six-game road losing streak to the Panthers.
USI returns to action Sunday at 2:30 p.m. when it travels to Rolla, Missouri, to take on Missouri University of Science & Technology in a key GLVC bout. The Miners (7-1-5, 6-0-4 GLVC), who are currently second in the GLVC standings, played Bellarmine University to a 2-2 double-overtime tie Friday night in Rolla.
