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. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT