Friday, August 01, 2014
Ind. Decisions - Supreme Court rules on Brewington's petitions for rehearing and recusal
Updating this ILB post from June 9th, which includes links to the 18-page petition for rehearing and the 36-page motion for disqualification of Justice Rush, both filed by Daniel Brewington, acting pro se, today the Supreme Court has posted the following documents, filed July 31st:
- Order by Chief Justice Dickson, with all justices concurring:
In seeking rehearing, Defendant first requests that Justice Rush be disqualified from further proceedings in this case, and directs this request both to Justice Rush and to the full court. The Indiana Code of Judicial Conduct, Rule 2.11 , provides that disqualification decisions are to be made by the individual Judge or Justice. Under the particular circumstances of this case, however, the full Court expresses its unanimous concurrence with Justice Rush's decision declining to disqualify.
As to the remaining issues, the Court has reviewed its Opinion. Any Record on Appeal that was submitted has been made available to the Court for further review, along with all briefs filed in the Court of Appeals and Supreme Court and all the materials filed in connection with the Petition for Rehearing. Each participating member has voted on the Petition. Each participating member has had the opportunity to voice that Justice's views on the Petition to the other Justices.
Being duly advised, the Court now DENIES the Appellant's Petition for Rehearing.
- Order by Justice Rush denying appellant's motion for her recusal.
Posted by Marcia Oddi on August 1, 2014 11:08 AM
Posted to Ind. Sup.Ct. Decisions