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Writ removes special prosecutor

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The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity, according to a permanent writ of mandamus and prohibition posted today on the court's Web site.

The Oct. 16 order grants the petition of relief filed by Adrian D. Kirtz, who claimed that Delaware Circuit Court No. 5 and Judge Thomas A. Cannon Jr. have exceeded their jurisdiction and failed when under a duty to act by appointing Cummins as special prosecutor in the pending criminal case against Kirtz. Cummins and the Attorney General filed briefs opposing the issuance of the writ.

According to the order, the justices may later issue an order or opinion explaining their reasons for granting the writ. The permanent writ is ordered effective immediately because of an approaching scheduled trial date.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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