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Justices order mandate writ against court

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The Indiana Supreme Court has granted a relator's verified petition for writ of mandamus and prohibition against a Grant Superior judge and the clerk.

In the order dated Feb. 23 and posted today, State of Indiana ex rel. John L. Smith, Relator v. The Grant Superior Court No. 2, et al., No. 27S00-0812-OR-765,
Smith sought relief, alleging Grant Superior Judge Randall L. Johnson heard certain motions but failed to rule within the 30-day time limit in Ind. Trial Rule 53.1(A). Smith also alleged he filed a praecipe for withdrawal and clerk J. Mark Florence failed in his duty to determine a delay in ruling and withdraw the case from Judge Johnson.

Grant Superior Court No. 2 heard certain motions June 10, 2008, but failed to rule on those motions within 30 days, according to the order. On Aug. 15, the trial court suspended operations in the Grant County Courthouse because of health concerns related to mold and other conditions of the courthouse, but the court, Judge Johnson and Florence don't argue the emergency conditions or the Administrative Rule 17 Order issued by the Supreme Court in September relieves the trial court of its obligation to rule in a timely manner.

The high court unanimously directed Judge Johnson to vacate any orders issued after Smith's filing of praecipe Oct. 21, 2008, and to cease exercising jurisdiction over the case except for administrative duties to effectuate the writ. Florence is directed to give written notice to Judge Johnson and the Supreme Court that submission of the cause has been withdrawn in accordance to T.R. 53.1(E)(2). Judge Johnson also has to file a written report once an order appointing a special judge has been issued.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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