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Softball travels to Indiana State

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Aces set for three games in Terre Haute

  The University of Evansville softball team looks to make it four series wins in a row as the Purple Aces make the short trip to Terre Haute for a 3-game set this weekend.

On Saturday, a doubleheader will begin at noon ET with the final game on Sunday also set for a noon ET start.  Evansville is 6-1 in its last seven conference games and has turned a 2-8 mark into 8-9 in a matter of two weeks.  The streak is the best for UE in the MVC since winning six out of seven in 2002.  That streak saw UE win 9 out of 11 leagues games in March and April of that year.

UE’s freshman class was stellar on Tuesday as the Aces swept a doubleheader on the road at Southern Illinois.  In game one, Morgan Florey pitched a complete game one-hitter and struck out nine Saluki batters in a 1-0 win.  Florey needed just one run and Kristin Koepke delivered.  In the top of the sixth inning, Koepke hit her second home run in three games to put the Aces on the board

Florey handled it from there, sitting down SIU in order to give the Aces the win.  Evansville jumped right on top in game two, plating a pair of runs in the top of the first inning.  After the Salukis scored single runs in the first and second frames, the score was tied at 2-2 until the top of the 6th.

Courtney Land laid down a perfect squeeze to score Tess Hupe as the Aces hung on for the 3-2 win to even their overall record at 20-20 and stand at 8-9 in Missouri Valley Conference play.

Indiana State sits at 13-27 overall and 7-8 in league play.  A dangerous Sycamore squad is led by pitcher Taylor Lockwood, who threw a no-hitter earlier this week and has given up just two runs in 21 innings of work since returning from injury.  Offensively, Alexa Cavin has a .361 average while Brooke Riemenschneider is hitting .344 with a team-high 33 hits and nine doubles.

 

Governor Pence Announces Distribution of $505 Million to Local Governments

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Part of Governor’s Agenda for Additional Infrastructure Funding

Indianapolis – Governor Mike Pence today announced that local governments will receive $435 million in Local Option Income Tax (LOIT) distributions that can be used for transportation infrastructure maintenance for counties, cities, and towns as part of Senate Enrolled Act 67, which was signed into law on March 23, 2016. Additionally, other local units of government will receive $70 million for deposit in their rainy day funds.

“Here in the Crossroads of America, roads mean jobs. In this past session of the Indiana General Assembly, we committed to bringing significant new funding for local governments with regard to transportation infrastructure, and I thank our legislators for their leadership on this issue,” said Governor Pence. “I was pleased to sign into law SEA 67 and today, these funds will now be available in communities throughout Indiana.”

The state is distributing the $505 million to counties today. According to SEA 67, the state must make this special one-time distribution to local governments before May 1. County auditors must distribute these funds to their local government units before June 1.

In his State of the State Address, Governor Pence outlined a plan to provide more than $1 billion in new funding to preserve and maintain state and local infrastructure. In addition to SEA 67, Governor Pence also signed into law HEA 1001, which provides for additional state infrastructure maintenance funds, while also fully funding the Regional Cities Initiative.

Sewing Guild meeting

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The Tri-State Chapter of the American Sewing Guild will meet Tuesday April 26 at McCollough Branch Library’s Community Room on Washington Avenue east of Washington Square Mall.
The program will be presented by Shirley Biehl  of Dale IN.  She will illustrate how a simple Cafatan housecoat  pattern can be changed  to a tunic top by changing the material used. She will be bringing the pattern and samples to give ideas  on how the same  pattern looks with different fabrics.
Doors open at 5:30 with meeting and program from 6-7:45pm.  Visitors are welcome. For more information call 812-476-5686  or email Evansville@asg.org.

Prevent Child Abuse Awareness Presentations in Evansville April 25

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Presentations to improve community awareness and education about child abuse prevention.

Monday

April 25, 2016

9:00am – 12:00pm General public/foster parent presentation

1:00pm – 4:00pm    Professional presentation with Continuing Educations Credits available

IVY Tech Community College

https://www.ivytech.edu/

3501 N 1st Ave

Evansville, IN 47710

Snacks will be provided for both sessions by Ft. Branch Catering Group.

More information and resources are available on the DCS April Prevent Child Abuse Awareness web page:www.in.gov/dcs/preventchildabuse

How are you help prevent abuse and neglect?

  • If you suspect abuse or neglect, please call the Indiana Child Abuse and Neglect Hotline at 1-800-800-5556.
  • Reach out to parents that you know and offer a hand or emotional support.
  • Volunteer time to programs that help parents.
  • Let all of the children in your life know that that they can depend on you.
  • Advocate for community services to help families.
  • Report suspected child abuse or neglect.
  • Consider becoming a foster parent.

Indiana Department of Child Services

The Indiana Department of Child Services protects children from abuse and neglect and works to ensure the financial support of children. Indiana Child Abuse/Neglect Hotline: 800.800.5556. Child Support Customer Service Kidsline: 800.840.8757 or 317.233.5437. www.in.gov/dcs

Our Partners

Prevent Child Abuse Indiana is dedicated to preventing child abuse and neglect, and is committed to making Indiana a better, safer place for Indiana’s most precious resources – our children. http://pcain.org/

Indiana Child Advocates (Court Appointed Special Advocates or CASA) These volunteers are carefully trained, appointed by the court and supported by program staff so they can advocate for the child’s best interests and help them have a safe and permanent home as soon as possible.http://www.childadvocatesnetwork.org/

 

 

LAW DAY 2016 by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 25 April 2016)

LAW DAY 2016

HIGH SCHOOL MOCK TRIAL AND 

COURT OF APPEALS ORAL ARGUMENT

FREE: PUBLIC IS INVITED

Friday, April 29, 2016 at 9:00 a.m. in the Posey Circuit Courtroom

The Posey County Bar Association led by its President, Attorney William Bender, will join with Posey County’s two high schools, the Indiana Court of Appeals and the public in celebrating Law Day 2016.

The Mock Trial will involve the high school students led by their teachers. Posey Superior Court Judge Brent Almon will preside and a Jury comprised of Posey County attorneys will decide if two computer companies should be forced to break into the iPhones of private citizens. The Mock Trial fact pattern was published in this column last week.

After the Mock Trial a three-judge panel of the Indiana Court of Appeals will hold oral argument on the appeal of Lockhart vs. State. Jerome Lockhart was convicted of rape and sexual misconduct with a minor. He is appealing his conviction on several grounds. He claims his constitutional right to a trial by a jury of his peers was violated when the only African American potential juror was stricken from the jury by the prosecutor.

This “Batson Challenge” is based on the United States Supreme Court decision in the case of Batson vs. Kentucky, 476 U.S. 79 (1986). In the Batson trial there were only four African Americans on the venire, the list of potential jurors. The prosecuting attorney struck all four using peremptory challenges. Mr. Batson appealed citing the Equal Protection and Due Process clauses contained in the Fourteenth Amendment to the United States Constitution.

The U.S. Supreme Court agreed that to strike potential jurors merely because of their race was unconstitutional. If one side of a case wishes to strike such a juror, the attorney who exercises the strike must establish there was a “race neutral” reason for the challenge. A race neutral reason might be a criminal record or drug use or prejudice for or against one side.

On April 29, 2016 in the courtroom of the Posey Circuit Court Mr. Lockhart’s attorney, Ronald Smith, and Deputy Attorney General, Monika Prekopa Talbot, will try to convince the judges of the Indiana Court of Appeals (John Baker, Melissa May, and Mark Bailey) their legal position is correct.

This important issue should be both interesting and informative. The public is invited to observe and listen.

Hot Jobs in Evansville

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Meisler Trailer Rental - Evansville, IN
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Ashfield Healthcare - Evansville, IN
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Deaconess VNA Plus, LLC - Evansville, IN
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Vectren - Evansville, IN
CoreTech Assembly, LLC - Evansville, IN
$15 – $25 an hour
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BELL OAKS BC - Newburgh, IN
Woodforest National Bank - Evansville, IN
Tropicana Entertainment Inc. - Evansville, IN
Evansville Vanderburgh School Corporation - Evansville, IN
Q Services LLC - Evansville, IN
Cargill - Mount Vernon, IN
Vectren - Evansville, IN
Hallmark - Evansville, IN
FIFTH THIRD CENTER-EVANSVILLE - Evansville, IN
Expert Tire - Evansville, IN
Medxcel - Evansville, IN
Deaconess Health System - Evansville, IN
Tulip Tree Family Health Care - Fort Branch, IN
Easily apply
Hoosier Client Connections - Evansville, IN
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Applebee’s | Apple Central, LLC - Evansville, IN
Advanced Disposal Services, Inc. - Evansville, IN
Kohl’s Corporation - Evansville, IN
Berry Plastics Corporation - Evansville, IN
Arthur Wright and Associates - Evansville, IN
$80,000 – $100,000 a year
Easily apply
Aramark - Evansville, IN
Redbanks Nursing Home - Henderson, KY
JD Byrider - Henderson, KY
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Whayne Supply Company - Evansville, IN
Sherwin-Williams - Evansville, IN
Goodyear - Haubstadt, IN

COA: Federal statute supersedes state one

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IL for www.theindianalawyer.com

The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.

In April 2011, Kennedy Tank Manufacturing Co. hired Emmert International to transport a piece of commercial equipment for $200,000 plus additional expenses Emmert might incur during move. However, Emmert had a number of unforeseeable problems and ended up with additional expenses of almost $700,000 which Kennedy declined to pay.

Emmert sued Kennedy for breach of contract or unjust enrichment. Later, Kennedy moved to dismiss on the grounds Emmert did not bring the action within the 18-month limitations period set forth in 49 U.S.C. Section 14705(a) which it said superseded Indiana’s 10-year limitation period. The trial court said the 10-year period applied.

The COA said the federal 18-month limitation should apply. While Indiana hasn’t ruled on the preemption of the federal limitation, other courts have, and always ruled when a state limitation was longer than a federal one, the federal one should rule. The COA said that should be the case in Indiana as well, and reversed the trial court decision.

Judge Patricia Riley partially dissented in the decision. She agreed the federal statute preempts Indiana’s state statute, but disagreed with how the court majority resolved Emmert’s estoppel claim. Emmert claimed even if the federal statute applied, its claim should not have been dismissed because Kennedy should be estopped from asserting the statute of limitations as an affirmative defense. Riley said even though Emmert’s argument was devoid of any cogent reasoning and that Emmert technically waived its argument, she thought the issue should be determined on its merits.

“Because the trial court ruled in Emmert’s favor – i.e., it denied Kennedy’s motion to dismiss on its finding that 49 U.S.C. Section 14705 does not preempt the relevant statute of limitations – the trial court did not address Emmert’s estoppel claim in its order. As there is nearly $700,000 at stake in this case, I would remand with instructions for the trial court to conduct further proceedings and make a factual determination as to whether Kennedy should be equitably estopped from asserting a statute of limitations defense.”

The case is Kennedy Tank & Mfg. Co. Inc. and Hemlock Semiconductor Corp. and Hemlock Semiconductor LLC v. Emmert Industrial Corporation, d/b/a Emmert International, 49A02-1507-CT-934.

EPD statement on EVSC employee suspension

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On Thursday morning, the Evansville Police Department was notified of an incident at an EVSC high school that has led to the suspension of an EVSC employee.
The details of the incident have been reviewed by an EPD investigator and as of this time, no evidence of a violation of Indiana Criminal Statutes has been uncovered. Unless additional facts are presented that show probable cause of a criminal act, the incident will not be handled as a criminal case.

For full details, view this message on the web.

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE APRIL 22, 2016

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IS IT TRUE that Evansville may get visits from more than one presidential hopeful soon, as Indiana finally matters in the primary elections?

IS IT TRUE that it appears Ben Shoulders will be unopposed in his run for County Commissioner? …he his excellent business credentials and conscientious community involvement that makes him a clear choice for bi-partisan support?

IS IT TRUE Ann Ennis has done an excellent job of discussing important issues and taking well-researched stands in the District 76 race? …that her opponent has been very quiet on the issues that are of interest in the race? … we will be not be  surprised if she wins the GOP primary nomination for State Representative 76 race?

IS IT TRUE that the premier race on the Vanderburgh County Republicans side is the one for County Commissioner between Cheryl Musgrave and Alex Schmitt? …results of that race may prove to have strong political repercussions on Mayor Winnecke future political career?

IS IT TRUE that the race on the Democratic side for House District 77 is proving to be  very interesting? … the candidates just keeps meeting voters and having community events? …this race is way to close to call?

IS IT TRUE that all three of the young people in the Democratic District 77 race, Brandon Lee Ferguson. Ryan Hatfield, and Lori Sherman, are bright lights on the horizon for the future of local Democratic party?

IS IT TRUE the primary race for the GOP County Clerk is to close to call? … local GOP party Chairman endorsement of a candidate in this race may prove to be a big political liability for the person he supports?

IS IT TRUE  couple members of our community went to Louisville. Ky to attend a plush event at the Louisville Executive Aviation hanger? …the event was called “OUT OF THE BLUE JET SHOW”? …the owner of the Evansville IceMen and Ellis Park Ron Geary and his son Mark Geary owner Louisville Executive Aviation hosted one heck of a party? …this event celebrated an exceptional collection of multi million dollars private aircraft, automobiles and other luxuries? …the cocktails and Hors d’ Oeuvres were extremely impressive?…we wish that Evansville Mayor Lloyd Winnecke would have attended this event because he would had been amazed to see the movers and shakes of Louisville, Ky. treat Ron Geary like a “Rock Star”?  …over 900 people attended this event?

IS IT TRUE that a couple members of our community stayed at the new downtown 8th street Holiday Inn Express and Suites in Louisville? … the manager of this new Louisville hotel is Ashley Dunn? …Ashley and her extremely professional  and well trained staff provided the out of town guests with first class treatment? …if you plan to visit Louisville, Ky in the near future please consider staying at the downtown Holiday Inn Express and Suites managed by none other than Ashley Dunn of Evansville? …please call 502-583-2552 for reservations?

FOOTNOTE:  Todays “READERS POLL” ask the question:  How would you rank State Representative Wendy McNamara job performance over the last several years?

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