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Saturday, October 14, 2006

Ind. Courts - "Request for Stay in Burns' Ballot Case Denied by Appellate Court "

Jeff Smith of Mix 102 reported yesterday:

LOGANSPORT - The state election division has lost another legal battle in its effort to have Leo Burns' name removed from the November election ballot. The Indiana Court of Appeals today has denied a motion for a stay that would have taken Burns' name off the ballot for Circuit Court Judge. That same motion was denied in Cass Circuit Court last week. An appeal in the case is still pending, but an exact date for a hearing in the appeal has not been set.
That story is prettly clear and to the point about what happened. The Pharos-Tribune report today, via a story by Dave Kitchell, headlined "Burns wins an appellate court election decision," is somewhat less clear:
Perhaps the two happiest people in Cass County Friday night were Matt Meagher and Leo Burns.

Burns, who learned just before noon the Indiana Court of Appeals had ruled in his favor in the case challenging his candidacy for Circuit Court judge, was home eating barbecued ribs from the Jordan Masonic Lodge.

Meagher, the rookie county chairman who took responsibility for a mix-up that led to Burns’ name not being certified by the ballot, was hoping the Burns candidacy would finally stick and Democrats would have another major race to draw voters to the polls Nov. 7.

“I’m ecstatic about it. I really am,” said Meagher. I’d never expected any other outcome. It’s still nice to see the Appeals Court make the decision it did. It sounds like all good news for Leo. It’s smooth sailing, but now the task is to get elected. I’m happy for Leo. It says that he can put this behind him and focus more on the campaign. It’s another sort of lifting of the worry and the stress.”

When asked if the ruling was a relief, Burns had a one-word answer. “Yes.”

Burns credited his local legal counsel along with his Appellate Court counsel, Karl Mulvaney.

“I can’t say I was surprised. I had the opportunity to read the motion by the Election Division and the motion to opposition that was filed on my behalf."

See a list of earlier ILB entries on Burns' efforts to stay on the Cass County ballot for Circuit Court judge here.

Here are some docket entries from Case Number: 09 A 02 - 0610 - CV - 00847 KING, J. BRADLEY, ET AL. -V- BURNS, LEO T., ET AL.

10/06/06 HAVING REVIEWED THE MATTER, THE COURT FINDS AND ORDERS AS
FOLLOWS:
1. APPELLANTS' VERIFIED MOTION TO EXPEDITE CONSIDERATION OF
APPEAL IS GRANTED.
2. THE NOTICE OF COMPLETION OF CLERK'S RECORD SHALL BE FILED
ON OR BEFORE OCTOBER 10, 2006.
3. THE NOTICE OF COMPLETION OF TRANSCRIPT SHALL BE FILED ON
OR BEFORE OCTOBER 10, 2006.
4. IF THE TRIAL COURT CLERK AND/OR THE TRIAL COURT REPORTER
CANNOT MEET THESE DEADLINES, THEY SHALL INFORM THE COURT IN
WRITING AND REQUEST AN EXTENSION OF TIME.
5. THE APPELLANT'S BRIEF AND APPENDIX SHALL BE FILED ON OR
BEFORE OCTOBER 17, 2006.
6. THE APPELLEE'S BRIEF SHALL BE FILED ON OR BEFORE OCTOBER
24, 2006.
7. ANY REPLY BRIEF SHALL BE FILED ON OR BEFORE OCTOBER 27,
2006.
8. THE PARTIES SHALL NOT RECEIVE EXTENSIONS OF TIME ABSENT
EXTRAORDINARY CIRCUMSTANCES.
JAMES S. KIRSCH, CHIEF JUDGE
SULLIVAN, NAJAM, J.J., GARRARD, SR.J., CONCUR. MS
* * *

10/13/06 HAVING REVIEWED THE MATTER, THE COURT FINDS AND ORDERS AS
FOLLOWS:
1. THE ELECTION DIVISION'S MOTION FOR STAY IS DENIED.
2. THE OCTOBER 6, 2006 ORDER OF THIS COURT EXPEDITING THE
BRIEFING SCHEDULE STANDS.
JAMES S. KIRSCH, CHIEF JUDGE
SULLIVAN, NAJAM, J.J., HOFFMAN, SR.J., CONCUR. MS

Posted by Marcia Oddi on October 14, 2006 11:43 AM
Posted to Ind. App.Ct. Decisions