Friday, November 10, 2006

On Monday before the election, the court of appeals denied the motion for a stay, on procedural grounds without reaching the merits.
The court ruled that 14B was inapplicable because the court below hadn't ruled yet on a motion for leave to appeal, and 14A was inapplicable as to a motion for TRO.

Actually, 14A does apply, because the trial court's denial was of a motion for TRO, hearing, and temporary injunction, and temporary injunctions are under 14A, but I hadn't made that clear in the emergency motion for stay, because I didn't figure it out until later. The court are closed today, some holiday. I may file more on Monday. The case is not moot factually because there are disputed provisional ballots.

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