Pre-election appeals

November 3, 2008
Back to TopCommentsE-mailPrintBookmark and Share
From IL reporter Michael Hoskins:

Election Day is less than 24 hours away, but that isn’t stopping the litigation and court filings. An emergency appeal is happening with the Indianapolis ruling that came from Marion Circuit Judge Ted Sosin late Friday, which ordered that the local election board follow state statute relating to challenged, mail-in absentee ballots. Indianapolis attorney Robbin Stewart also has asked the 7th Circuit Court of Appeals today to weigh in on his request to stop the state from enforcing the photo identification requirement on Election Day.

But not everyone is asking for appellate aid. There isn’t any new appellate action in the Lake County early voting case, which drew a significant ruling from the Indiana Court of Appeals late Friday. That decision kept the early voting sites open on an issue of first impression, and pointed out ambiguity in state statute. The appellate ruling affirms the trial court decision. A staff member for Special Judge Diane Kavadias Schneider said at 11 a.m. today that no further proceedings were scheduled and none would happen unless specifically requested.

A footnote from appellate author Judge Edward Najam notes in declining to order an entry of final judgment, “We believe the better course is for the parties to present their arguments to the trial court and for the trial court to enter its final judgment interpreting the relevant statutes.”

Appellate attorney Timothy Sendak in Crown Point says there’s no rush, given that early voting ends today and no ruling will likely affect that. “The next step legally is still being weighed, but let me go this far and say that we don’t think the (Court of Appeals) ruling is stare decisis.”

If that’s the case, it’s interesting that something that seems to be an appellate lawyer’s dream – first impression, ambiguity, and a pressing issue of public importance – wouldn’t be taken to a higher level. Maybe that’s what is being decided behind the scenes – that this could go from an early voting case to a post-election challenge depending on who wins.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT