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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 Clerk Myers is to give written notice to the judge and the Supreme Court that the submission of the case has been withdrawn.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. 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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