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Justices take secretary of state case

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The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.

The justices accepted jurisdiction of the two appeals pending in the Indiana Court of Appeals and consolidated the cases under cause No. 49S02-1202-MI-73. The appeals stem from Marion Circuit Judge Lou Rosenberg’s Dec. 22, 2011, decision declaring White was ineligible to be a candidate for the state office and his opponent, Democrat Vop Osili, should become secretary of state. The ruling was in response to a civil lawsuit filed by Democrats that sought to have White declared ineligible for office because he allegedly committed voter fraud.

"What the public needs now is an objective and unambiguous ruling from the Indiana Supreme Court to bring certainty, clarity and finality to this situation, 15 months after the election,” Indiana Attorney General Greg Zoeller said in a statement. The attorney general’s office represents the Indiana Recount Commission in the litigation. The recount commission found White eligible to appear on the 2010 ballot as a candidate for secretary of state, but that decision was overturned by the trial court.

In a separate criminal case in Hamilton County, a jury found White guilty in early February of six felony charges including voter fraud. Jerry Bonnet has been appointed as the temporary secretary of state, but Gov. Mitch Daniels held off making a permanent appointment because of the possibility White’s felony convictions could be reduced to misdemeanors, which may allow him to stay in office.

Supreme Court oral arguments are set for 9 a.m. Feb. 29.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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