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Friday, May 12, 2006

Ind. Decisions - Bosma's attorneys file their brief this week in legislative prayer ruling appeal

There have been several reports yesterday and today announcing that Speaker Brian Bosma has appealed or is going to appeal U.S. District Judge David Hamilton's decision in Hinricks v. Bosma.

Well, yes, Speaker Bosma has filed an appeal with the 7th Circuit re the Nov. 30, 2005 federal district court ruling in Hinrichs, et al. v. Bosma. But the appeal (05-4781) was docketed Dec. 30, 2005, NOT this week.

In addition, on Jan. 30, 2006 Bosma filed an emergency motion to stay the district court decision pending the appeal. The motion was denied in this 7th Circuit opinion issued March 1, 2006. See this March 2 ILB entry, including the statement:

The appeal continues, the only issue decided yesterday was whether Judge Hamilton's ruling would be put on hold while the appeal is pending. The three-judge panel yesterday ruled "no", by a 2-1 vote.
Then on March 3, 2006, attorney Thomas M. Fisher filed a motion to withdraw as counsel for the Appellant Brian Bosma. A docket entry dated March 24, 2006 indicates that "Winston and Strawn LLP is now counsel of record for the appellant."

On March 28, 2006 an order was issued granting a motion for extension of time to file appellant's (Bosma's) brief, which is now due May 10, 2006. Appellees' briefs are due June 12, 2006. Oral argument has not yet been scheduled.

So Bosma did not appeal the case this week, his attorneys timely filed his brief by the May 10th deadline set by the court.

See this March 5, 2006 ILB entry for the background behind the move to Winston & Strawn.

Here is a list of all ILB entries on the Hinricks v. Bosma case.

The newly filed brief is not yet available from the 7th Circuit website. When it is, the ILB will provide a link. It could be interesting to see what the new counsels' strategy will be.

Posted by Marcia Oddi on May 12, 2006 07:11 PM
Posted to Ind. (7th Cir.) Decisions