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Tuesday, June 13, 2006

Ind. Decisions - Supreme Court denies emergency request to vacate filed yesterday in toll road case [Updated]

Yesterday evening the ILB reported that, as a result of a faxed note to the parties yesterday morning indicating that Justice Dickson was recusing himself in the case, appellants filed an emergency request to vacate the transfer of the case to the Supreme Court.

Today the Supreme Court has denied the motion, as indicated via the case docket. Here is the entry:

6/13/0 -- ISSUED THE ENCLOSED ORDER:
6/13/06 --ON JUNE 5, 2006, THIS COURT ISSUED A TRANSFER ORDER ACCEPTING JURISDICTION OVER THIS APPEAL PURSUANT TO INDIANA APPELLATE RULE 56(A).

ON JUNE 12, 2006, THE APPELLANTS FILED AN "EMERGENCY MOTION TO VACATE EMERGENCY ORDER GRANTING TRANSFER; AND TO IMMEDIATELY REMAND TO THE COURT OF APPEALS FOR EXPEDITED CONSIDERATION."

HAVING CONSIDERED THE APPELLANTS' MOTION, THE COURT DENIES THE REQUEST.

RANDALL T. SHEPARD, CHIEF JUSTICE
ALL JUSTICES CONCUR, EXCEPT DICKSON, J., WHO IS NOT PARTICIPATING. MS
6/13/06 ****** ABOVE ENTRY MAILED ******

[Updated] Niki Kelly has a story about the recusal today in the Fort Wayne Journal Gazette; and the AP's Mike Smith now has a story posted here on the Louisville Courier Journal site.

The ILB posted: (1) the fax announcing the recusal, (2) the appellant's motion, and (3) an analysis of the implications, yesterday.

Posted by Marcia Oddi on June 13, 2006 09:51 AM
Posted to Ind. Sup.Ct. Decisions