Pre-election appeals

November 3, 2008
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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.
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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