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Supreme Court: Orders Affect Two Pending Cases
Posted in Litigation

This week, the Indiana Supreme Court issued two Orders affecting cases in which the Court had granted transfer.

On Wednesday, March 3, the Court entered this Order granting the parties’ joint request to remand Marion County Election Board v. Schoettle to the Marion Circuit Court without prejudice, but retain jurisdiction of the case “to the extent that any subsequent appeal of a final judgment in this case shall be to this Court.” 

Schoettle concerns Indiana’s procedure for handling Election Day, residency-based challenges to absentee voters (whether the challenge vote should be addressed on Election Day, or instead be treated as a provisional ballot that is dealt with later, if at all).  On October 31, 2008, the Marion Circuit Court granted an injunction requiring the challenged absentee votes to be treated as provisional ballots and set aside for later evaluation. 

In this November 3, 2008 Order, the Indiana Court of Appeals dissolved that injunction and ordered the ballots’ validity to be determined on Election Day.  Later that same day, in this November 3, 2008 Order granting transfer, the Indiana Supreme Court reinstated the trial court’s injunction.

In a second Order this week, the Indiana Supreme Court vacated transfer, as improvidently granted, in Gunkel v. Renovations, Inc.  The Court had granted transfer in Gunkel on January 15, 2009, and heard oral argument in the case on Friday, February 26.  The Court’s March 4 Order has the effect of reinstating this not-for-publication opinion by the Indiana Court of Appeals.  Our preview of the Gunkel argument is here

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