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Friday, August 17, 2007

Ind. Decisions - More on J. Bradley King, et al. v. Leo T. Burns

More J. Bradley King, et al. v. Leo T. Burns, et al., the case where the candidate for circuit court judgeship's paperwork was filed at the wrong office, which is on today's transfer list.

A reader has written in to point out that:

[W]hen the Supreme Court granted transfer this week on this, they also simultaneously disposed of the case by order. The order's not on the Court website as far as I can see but is on the electronic docket. From what I can see of the order they granted transfer, vacated the trial court's decision (to leave Burns on the ballot) but also said that this did not affect the validity of Burns' election or disqualify him from office.
Here is the wording of the order from the docket:
8/14/07 ISSUED THE ENCLOSED ORDER:
8/14/07 WE AGREE WITH THE ATTORNEY GENERAL THAT THE LIMITED RELIEF SOUGHT BY THE APPELLANTS IS WARRANTED. ACCORDINGLY, THE COURT GRANTS TRANSFER, IND. APPELLATE RULE 58(A), AND VACATES THE TRIAL COURT'S JUDGMENT. VACATION OF THE JUDGMENT DOES NOT INVALIDATE THE ELECTION'S RESULTS OR IN ANY WAY DISQUALIFY JUDGE BURNS FROM OFFICE. THIS ORDER CONCLUDES THIS APPEAL.
BRENT E. DICKSON, ACTING CHIEF JUSTICE
ALL JUSTICES CONCUR.

Posted by Marcia Oddi on August 17, 2007 02:34 PM
Posted to Indiana Transfer Lists