Hank is a short, stocky 3-year-old male American Staffordshire Terrier or “pit bull†mix. He loves water! At Cardio for Canines, he routinely jumps into the Garvin Park fountain to play. Hank is friendly with all people he meets. His $100 adoption fee includes his neuter, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption information!
Men’s Basketball Non-Conference Slate Unveiled
Aces to play tough upcoming schedule
 Six postseason teams, five 20-win squads and four conference champions comprise the non-conference schedule for the University of Evansville men’s basketball team in 2016.
“We are very excited about our non-conference schedule,†UE head coach Marty Simmons said. “The caliber of teams we will be playing in November and December will give our guys very important experience. Each game will present its own set of challenges while preparing us for conference play.â€
A trip east on Interstate 64 begins the season as the Purple Aces will face Louisville on November 11. The Aces and Cardinals will meet up on the hardwood for the first time since 1957. Louisville was 23-8 last season and put forth a 12-6 mark in ACC play.
On Monday, November 14, the Aces open up the home schedule against Alcorn State. The Braves were one of the top squads in the Southwestern Athletic Conference last season, going 13-5 to take second in the regular season. Five days later, the Aces will be back at the Ford Center for a matchup against Morehead State. That contest will also mark the annual Fan Fest event, which will take place just outside the Ford Center. MSU is coming off of a 23-win campaign in 2015-16 that saw them advance to the finals of the College Basketball Invitational where they faced Nevada in the best of three series.
Over the Thanksgiving holiday, Evansville heads south to Nashville for the Challenge in Music City. Aces fans have the opportunity to make the quick trip to watch the squad play three huge games in three days. Running from Nov. 25 through the 27th, the tournament also features Middle Tennessee State, Toledo and UNC Wilmington. MTSU, who went 25-10, was one of the true Cinderella stories of the 2016 NCAA Tournament. After winning the Conference USA Tournament, the Blue Raiders defeated #2 seed Michigan State in the opening round of the tournament.
UNC Wilmington was another NCAA squad, going 25-8 a season ago. The Seahawks were the Colonial Athletic Association champions and put forth a great fight against Duke in the NCAA Tournament, falling by a 93-85 final. Toledo was also over .500, winning 17 games in the Mid-American Conference.
Home play resumes on Wednesday, November 30 as the Aces play the first of five contests in a row at the Ford Center. The stretch begins with Wabash. On Saturday, November 3, the MVC/Mountain West Challenge features Boise State making its way to downtown Evansville. The Broncos won 20 games last year.
Next up on Dec. 6 is a contest versus Bowling Green. The Falcons posted 16 victories in 2015-16. Murray State comes to town on December 10 before the home stretch wraps up against Norfolk State on Dec. 14. The Spartans won 17 games last year and finished second in the MEAC on their way to a berth in the CIT.
On Saturday, Dec. 17, the Aces will play their final road non-conference game as they make the short trip to Clarksville, Tenn. to face Austin Peay. The Governors are the defending Ohio Valley Conference Tournament Champions and faced Kansas in the first round of the NCAA Tournament. Non-conference play wraps up on Dec. 22 at home against defending Heartland Collegiate Athletic Conference Champion Mount St. Joseph.
The renewal deadline for season tickets is Friday, August 19. Deposits are also being taken for new season tickets. For more information, call 812-488-ACES.
2016 UE Men’s Basketball Non-Conference Schedule
Friday, November 11             at Louisville                Louisville, Ky.
Monday, November 14          vs. Alcorn State         Evansville, Ind.
Saturday, November 19        vs. Morehead State   Evansville, Ind.
2016 Challenge in Music City
Friday, November 25    vs. Toledo                    Nashville, Tenn.
Saturday, November 26           vs. UNC Wilmington  Nashville, Tenn.
Sunday, November 27 Â Â Â Â Â Â Â Â Â Â Â Â Â vs. MTSUÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Nashville, Tenn.
Wednesday, November 30    vs. Wabash                Evansville, Ind.
Saturday, December 3          vs. Boise State           Evansville, Ind.
Tuesday, December 6           vs. Bowling Green     Evansville, Ind.
Saturday, December 10        vs. Murray State        Evansville, Ind.
Wednesday, December 14    vs. Norfolk State        Evansville, Ind.
Saturday, December 17        at Austin Peay            Clarksville, Tenn.
Thursday, December 22        vs. Mount St. Joseph Evansville, Ind.
All times are TBA
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Melissa Etheridge’s Holiday Trio Victory Theatre
December 14 at 7:30 PM
Evansville, IN- This holiday season, Victory Theatre is bringing Melissa Etheridge’s Holiday Trio to Evansville, December 14. Etheridge is one of rock music’s great female icons. Etheridge’s popularity built around such memorable songs as “Bring Me Some Water,†“No Souvenirs†and “Ain’t It Heavy†for which she won her first Grammy for Best Female Rock Vocal. Etheridge hit her commercial and artistic stride with her fourth album, Yes I Am, featuring the massive hits “I’m the Only One†and “Come to My Window,†a searing song of longing that brought her a second Grammy. The six times platinum album spent more than two and a half years on the album chart. Etheridge is scheduled to release MEmphis Rock and Soul, a new album honoring Stax Records, in fall of 2016.
For this special holiday show Melissa will be performing songs from her 2008 holiday album, A New Thought For Christmas. Songs will include fan favorites and holiday classics such as “Merry Christmas Baby,†Have Yourself A Merry Little Christmas,†“O Night Divine†and more.
On June 20, 2016, Etheridge released a song called “Pulse.†The singer wrote the song in reaction to the mass shootings that took place in Orlando on June 12, 2016. As she told Rolling Stone, “We want to try to make sense. We want to try to heal. We want to bring some meaning, some purpose. We also want to put it down forever in history. That’s how I’m coping.†All proceeds from the sale of “Pulse†will benefit Equality Florida, the state’s largest LGBT civil rights organization.
Tickets On Sale this Friday, August 19th at 10:00 AM.
Jockey colony justifies hype with crowded standings
Mena is atop with16 wins,
six others have at least 12
as jockey colony justifies hype
Osorio’s agent: ‘Everybody is getting opportunity
to ride good horses, and it shows in the results’
Going into the 2016 Ellis Park meeting, the jockey colony shaped up as its best in years, if not decades or even ever, based on accomplishments. It has lived up to that hype, though what might not have been expected was just how much parity there would be: With 10 racing dates left in the meet, Miguel Mena tops the standings with 16 victories, but six other riders are within four victories.
Corey Lanerie, a two-time Ellis titlist and 11-time Churchill Downs champion, and 2015 Ellis leading rider Didiel Osorio have 15 wins apiece, followed by Robby Albarado and Brian Hernandez Jr. (both winners of a Breeders’ Cup Classic) at 14, former Chicago and New Orleans kingpin James Graham at 13 and the up-and-coming Chris Landeros at 12. Behind them are 2011 Preakness-winning jockey Jesus Castanon (nine), Midwest stalwart Francisco Torres (eight), newcomer Declan Cannon (seven) and the venerable Jon Court and Joe Rocco Jr. at six apiece.
Mena vaulted to tie Osorio for the lead Saturday with a three-victory day, then took the outright lead by winning Ellis’ seventh race Sunday on 20-1 shot Field Goal.
“This meet might be the strongest ever,†Mena said. “There are so many good riders with good business. I’m just glad we’re doing well. It’s a very competitive meet, as you can see. I’m just lucky to be on top at the moment.â€
The competition makes for excellent wagering, the parity reflecting that the business is spread around and one can’t just bet on the leading jockey, assuming he’s on the best horse. While new Hall of Fame inductee Steve Asmussen leads the trainers’ standings with 12 wins, four more than second-place Ian Wilkes, he’s also had far more starts (52) than anyone else.
“It’s anybody’s game,†said Ellis Park racing secretary Dan Bork. “It says we have very competitive racing. We have an outstanding jockey colony here from top to bottom, along with the trainers. World-class trainers, world-class riders. I think it’s by far the best colony here in years.â€
Jose Santos Jr., agent for Osorio, said they figured it would be challenging to repeat last year’s Ellis crown when Lanerie opted to ride mainly at Ellis instead of Saratoga and Albarado returned for the second summer, though both frequently are out of town riding stakes.
“Everybody is getting their opportunity to ride good horses, and it shows in the results,†Santos said.
Jon Court, a six-time Ellis champ and the only rider ever to win five meets in a row, says the competition has meant jockeys must spend more time working horses in the morning if they want to keep their mounts.
“We’ve got some great riders here,†Court said. “It’s a very deep, talented colony to contend with this meet. You just have to be ready. I’ve been working more horses, where years in the past it was a little bit of a vacation from that morning grind.
“There are a lot of young riders who were really looking to initiate a jumpstart of their career at this meet. The downside is it’s been tough to materialize because the talent is deep. The top five, 10 riders are multiple title-winners and multiple stakes-winners, Grade 1s and world-recognized.â€
Indeed, Castanon said when he first came to Kentucky, Ellis was “the one place to be†to get a toehold on the circuit. “Now it’s a little tough,†he said.
Ask the 29-year-old Cannon, from Ireland and in his first year in America after riding in Europe and the Middle East.
“I’ve been on a good roll the last six weeks,†he said. “I’m working really hard and making good relationships with trainers. But the jockey colony here is really tough. There are a lot of jockeys here with a lot of riding titles behind their name. I’m doing really well considering how tough it is. I’ve ridden around the world, and I know when I’m with good riders. And these are really good riders.â€
Channing Hill, who last year relocated from Chicago to Kentucky, said you better be ready to take advantage when opportunity knocks, as he did in winning a 2-year-old maiden race Friday on Reedini when scheduled rider David Flores got stuck in New York because of flight cancelations.
“This is a terrific jockey colony,†said Hill, himself a Grade 1 winner at Saratoga and who has won on five of his 29 mounts this meet, with six seconds. “It’s almost too good for the meet here. I say that as respectfully to Ellis as I can. But you see some places that have a little better purse money but not near the depth of this jockey colony. But that just shows you how good Kentucky racing is, how everybody wants to stay here and be home.â€
Ellis Park riding standings top 10
Jockey wins (mounts) purse earnings
1 Miguel Mena 16 (97) $388,786
T-2 Corey Lanerie 15 (84) $347,756
T-2 Didiel Osorio 15 (118) $294,052
T-4 Robby Albarado 14 (67) $338,789
T-4 Brian Hernandez 14 (51) $311,185
6 James Graham 13 (92) $262,776
7 Chris Landeros 12 (85) $337,921
8 Jesus Castanon 9 (51) $192,320
9 Francisco Torres 8 (67) $148,646
VANDERBURGH COUNTY FELONY CHARGES
 Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.
Matthew Robert Bailey Operating a vehicle as a habitual traffic violator, Level 6 felony
Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor
John Jerome Banks Possession of methamphetamine, Level 6 felony
Possession of paraphernalia, Class C misdemeanor
Amanda Carol Fryman Possession of methamphetamine, Level 6 felony
Samuel Terrell Mogbo Theft, Level 6 felony Â
Leslie Dawn Rogge Possession of methamphetamine, Level 6 felony
Jeanetta Marquesha Jonte Matlock Assisting a criminal, Level 6 felony
Roxanne Jo Sanders Intimidation, Level 5 felony
Intimidation, Level 6 felony
Intimidation, Level 6 felony
Intimidation, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Criminal mischief, Class B misdemeanor
Court Grants Habeas Writ In Case involving Repealed Drug Statute
Court Grants Habeas Writ In Case involving Repealed Drug Statute
Jennifer Nelson for www.theindianalawyer.com
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center†in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
Walker Whatley was arrested at his home on a warrant, and during a search, the officer discovered a bag with more than three grams of cocaine in Whatley’s pocket. That offense would be a Class C felony normally, but because he was within 1,000 feet of a “youth program center†under I.C. 35-48-4-6, his charge was elevated to a Class A felony. He was within 800 feet of Robinson Community Church, which held programs throughout the month for people under the age of 18, but most were religious-based. The church did host a Girl Scout troop twice a month on Wednesdays. The pastor of the church at the time noted no youth programs occurred on Thursdays, the day Whatley was arrested. There was also no signage to alert someone of the youth programs.
If sentenced under the Class C felony, he faced a range of two to eight years; under the Class A felony, he faced a sentence of 20 to 50 years. The trial court sentenced Whatley to 35 years.
The statute at issue involving “youth program center†has since been repealed.
Whatley appealed and was victorious in the Court of Appeals, but the Indiana Supreme Court reversed in a 3-2 decision in 2010. He was unsuccessful in his state post-conviction relief attempts, and then turned to the federal courts. The U.S. District Court for the Southern District of Indiana denied his petition for habeas relief, declining to address his claims on the merits after holding he defaulted the claim.
Whatley argued that the statute was unconstitutionally vague, and the 7th Circuit agreed, finding issues with the Indiana Supreme Court’s ruling.
“The court’s analysis pointed to no objective criteria for a reasonable person to determine whether a particular facility qualified under the statute – that is, to determine whether a facility hosted youth programs on a regular versus an irregular basis – and instead delegated to the defendant or the facility itself the determination of whether its youth programs were held on a regular basis,†Judge Ilana Rovner wrote. “This circular analysis of a subjective and standardless term was both incorrect and unreasonable under Supreme Court precedent that requires criminal statutes to be based on discernable standards.â€
The 7th Circuit also ruled that the Court of Appeals’ conclusion that fair notice is not required for strict-liability statutes is inconsistent with U.S. Supreme Court precedent that requires fair notice for all criminal statutes.
“The lack of an intent element in the statute does not cure the vagueness problem; it makes it worse by making unknowing defendants absolutely liable for violating an indeterminate standard,†she wrote.
The 7th Circuit concluded that under Harrington v. Richter, 562 U.S. 86, 97-98 (2011) and Brady v. Pfister, 711 F.3d 818, 824-25 (7th Cir. 2013), nothing in the record of the state courts supports the outcome of the case. The appellate judges found the courts’ reasoning to be unreasonable.
“Had Whatley possessed drugs within 1000 feet of a YMCA or a Boys and Girls Club, there would be no doubt that his conduct was within the core of the law. The State conceded in its argument to the Indiana Supreme Court that churches are not inherently places where children gather, and a handful of weekly events does nothing to provide fair notice or to discourage arbitrary enforcement of the statute,†Rovner wrote in Walker Whatley v. Dushan Zatecky, superintendent, 14-2534.
The 7th Circuit reversed the denial of his petition and remanded with instructions to grant the writ ordering that, within 60 days, Whatley either be released or he resentenced under the Class C felony statute. If he is resentenced, he should be given credit for the time served under the Class A felony conviction.
BREAKING NEWS: CHANNEL 44 TV
Donald Trump Lands Tri-State, Attends Private Fundraiser
AUGUST 15TH, 2016 
MATT PEAK CAMPAIGN 2016, EVANSVILLE, INDIANA
 Republican Presidential Nominee Donald Trump returns to Evansville.
He landed at Tri-State Aero Monday afternoon and is expected at Steve Chancellor’s residence for a fundraiser in his honor.
44News Reporter William Wolkoff was at Tri-State Aero when Trump landed and 44News Reporter Heather Good reports at the site of Chancellor’s home.
Mayor Winnecke And City Council Discuss The 2017 Budget
AUGUST 15TH, 2016 BRITNEY TAYLOR EVANSVILLE, INDIANA
 Evansville Mayor Lloyd Winnecke and the city council are discussing the 2017 budget.Council members say the total budget will be around $337 million. They also say the city will have an increase in water, gas, and electric bills of a combined $330,000.
During his time in office, Mayor Winnecke has pushed for funding to rebuild Roberts Park into a walkable green space. But council members say it probably won’t fit into next year’s budget.
Finance Chairman Dan McGinn says: “His pet-project is Roberts Park. He understands that may have to be put off for another year or two. So at least at this time, there is no request for budgeting for Roberts Park.â€
McGinn says, council members are advising Winnecke to be careful with the budget next year
OTTERS TAKE SERIES AGAINST MINERS
EVANSVILLE, IN, August 14, 2016 – The Evansville Otters emerged victorious by a score of 6-1 against the Southern Illinois Miners on Sunday evening at Bosse Field, pounding out ten hits throughout the contest. Matt Wivinis picked up the win for Evansville, surrendering only six hits and one run in six innings pitched. Southern Illinois struck first in the second inning following a single with runners at the corners to bring the score to 1-0. However, the Otters would not remain on the losing end of the scoreboard for long. The bottom half of the second featured Evansville hitters showcasing a focused, patient approach, highlighted by four timely singles and two walks. The fourth inning would prove to a highly entertaining inning for those in attendance. Rolando Gomez and Josh Allen would take off for the races by remarkably hitting back to back triples en route to a two-run frame. Each respective team’s pitching was lights out after the fourth, exemplified by neither club scoring over the latter half of the game.
Up next, the Otters will have an off-day on Monday before starting a road series against the River City Rascals on Tuesday. The Otters return to Historic Bosse Field next Friday, August 19th with first pitch at 6:35pm.
