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Supreme Court grants writ of mandamus

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Indiana Supreme Court justices unanimously voted to grant a permanent writ of mandamus and prohibition in a case out of Howard Superior Court.

Relators Jeffrey Scott Bousum and Regina Lee Bousum alleged Judge Stephen M. Jessup of Howard Superior Court 2 failed to rule on motions for summary judgment within the Trial Rule 53.1 time limits after a hearing on those motions. They also allege trial court clerk Mona L. Myers failed in her duty to withdraw the case from the trial court upon the filing of the relators' praecipe and to transmit the case to the Supreme Court for the appointment of a special judge.

In the order from Wednesday, the Supreme Court directed Judge Jessup to vacate any orders or judgment issued after the filing of the praecipe on June 1, 2009, and to stop exercising jurisdiction over the case except for administrative tasks needed to execute the writ. Clerk Myers is to give written notice to the judge and the Supreme Court that the submission of the case has been withdrawn.

The judge must also file a written report pursuant to Trial Rules 53.1(F) and 53.2(F) once the clerk complies with Trial Rule 53.1(E)(2) and the high court issues an order appointing a special judge. The writ is effective immediately.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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