ILNews

High court denies recount issues

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court won't get involved in a recount challenge to Terre Haute's mayoral election.

Justices voted 5-0 Thursday to deny both a writ of prohibition and writ of mandamus requested by Terre Haute attorney James Bopp Jr., who represents the man who'd won the Nov. 6 mayoral election.

Republican Duke Bennett won by 106 votes and was challenging recount petitions filed by incumbent mayor, Democrat Kevin Burke. Bopp argued Burke's petitions weren't valid and that Vigo Circuit Judge David Bolk didn't have jurisdiction because the petitions failed to list Bennett's middle initial, which had been included on the election ballot.

On Nov. 30, the justices had denied an emergency request to get involved in the recount election but had requested additional briefing before deciding on the case this week.

In denying the petitions, "This Court expresses no opinion concerning the merits of the two cases pending in the trial court," Chief Justice Randall T. Shepard wrote in the order posted on the appellate clerk's online docket.

A trial has been scheduled for Dec. 17 on the recount challenges, and Judge Bolk will hear both sides' arguments, according to the local court calendar.
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT