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Friday, November 30, 2007

Ind. Decisions - Supreme Court denies Bopp motion for an emergency writ regarding the middle initial issue in the recount

Here is the order issued this afternoon in the case of STATE OF INDIANA EX. REL, DUKE BENNETT v. VIGO COUNTY (84 S 00 - 0711 - OR - 00558):

Relator's application papers include a request for an emergency writ. An emergency writ is limited in purpose; it operates as a temporary stay of the proceedings in the trial court until this court hears and rules upon the original action application. Ind. Original action rule 3(e)(1).

A relator seeking an emergency writ has the burden of demonstrating that an emergency writ must be issued to maintain the status quo and prevent irreparable injury until the underlying application can be heard.

The only allegation of irreparable harm made by relator is his assertion that an emergency writ is necessary because the trial court may conclude the cases below before this court has the opportunity to resolve this original action.

However, such a general allegation is insufficient to establish irreprarable harm.

Accordingly, the court denies the request for an emergency writ.

Nevertheless, the court determines this original action warrants additional briefing. Accordingly, the honorable David R. Bolk (by himself or by counsel) and any party opposing relator in the trial court may each file a brief opposing issuance of the writ and, if appropriate, a supplemental record of proceedings.

Any supplemental record should be submitted in the same format required for the record under original action rule 3(c). Such briefs or supplemental records should be filed directly with the clerk of the supreme court, court of appeals, and tax court and must be physically on file (not merely in the mail) at or before noon on friday, december 7, 2007. Once briefing is completed, the court will take the matter under advisement.

Randall T. Shepard, Chief Justice

For background, start with this entry from earlier today.

Posted by Marcia Oddi on November 30, 2007 06:02 PM
Posted to Ind. Sup.Ct. Decisions | Indiana Decisions | Indiana Government