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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is directed to give written notice to Judge Johnson and the Supreme Court that submission of the cause has been withdrawn in accordance to T.R. 53.1(E)(2).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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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