Friday, November 03, 2006
Today an appeal was filed for an emergency stay of voter ID, with the Indiana Court of Appeals, and a motion for the state supreme court to decide whether to assert jurisdiction over the appeal. In reverse order of likelihood, the court may issue the stay, may hold a hearing, say Monday, or do nothing.
Cost: about $300.
---------- Forwarded message ----------
From: robbin stewart < gtbear@gmail.com>
Date: Nov 3, 2006 12:11 PM
Subject: drafts palmer appeal
To: gtbear@gmail.com
STATE OF INDIANA ) IN THE INDIANA COURT OF APPEALS
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
EMERGENCY MOTION FOR STAY
Plaintiff by counsel pursuant to Ind. Appellate Rule 56 A, respectfully requests that the Indiana Court of Appeals issue the Temporary Restraining Order denied by the trial court, and if time permits set a hearing for Monday or sooner.
The appeal involves a substantial question of law of great public importance, whether or not the Plaintiff and other voters must submit to a search of a state-issued voting license before being able to cast their vote as of right under Article II section 2 and Article II section 1. Additional claims lie under the Indiana Bill of Rights, the federal constitution, and the Privacy Act of 1974. Plaintiff was denied the right to vote at the primary and expects to be denied the right to vote on Tuesday, unless a court orders relief. The integrity of the election process is at risk. The complaint, the motion in the court below and the memo in support of that motion provide supportive detail.
Plaintiff in the motion for interlocutory appeal cites to both rule 14 A and Rule 14 B, as it was unclear whether this is an appeal of right. The court below has declined to rule on the motion for leave to appeal, so Plaintiff requests that his motion be understood as a motion for appeal as of right under 14 A.
Respectfully submitted,
_____________________
STATE OF INDIANA ) IN THE INDIANA COURT OF APPEALS
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
Form App. R. 9-1 Notice of Appeal
Plaintiff by counsel pursuant to Ind. Appellate Rule 9(A), respectfully gives notice of an appeal from the following order entered by the Marion Superior Court #4: denial of Temporary Restraining Order, November 1 2006
This appeal is from an interlocutory order.
This appeal will be taken to the Indiana Court of Appeals. A motion for transfer to the Indiana Supreme Court per rule 56 A will also be filed.
Pursuant to Ind. Appellate Rule 10, the clerk of the trial court is requested to assemble the Clerk's Record, as defined in Ind. Appellate Rule 2(E).
Respectfully submitted,
_______________________________________
Robbin Stewart.
Certificate of Service
I hereby certify that on November 2, 2006, a copy of the foregoing was sent via first class mail, postage pre-paid, or hand delivery, to the following, and an electronic copy was sent to Doug Webber's office.
James B. Osborn
Office of Corporation Counsel
1601 City County Building
200 East Washington Street
Indianapolis, IN 46204
Doug Webber
Office of the Indiana Attorney General
Fifth Floor, IGC-South
302 W. Washington St.
Indianapolis IN 46204
____________________
Robbin Stewart
P.O. Box 164 Cumberland, IN 46229
gtbear@gmail.com
STATE OF INDIANA ) IN THE INDIANA SUPREME COURT
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
Plaintiff by counsel pursuant to Ind. Appellate Rule 56 A, respectfully requests that the Indiana Supreme Court consider whether it should accept jurisdiction over the appeal in this case, filed today with the Indiana Court of Appeals.
The appeal involves a substantial question of law of great public importance, whether or not the Plaintiff and other voters must submit to a search of a state-issued voting license before being able to cast their vote as of right under Article II section 2 and Article II section 1. Additional claims lie under the Indiana Bill of Rights, the federal constitution, and the Privacy Act of 1974. Plaintiff was denied the right to vote at the primary and expects to be denied the right to vote on Tuesday, unless a court orders relief.
Plaintiff has no strong preference as to whether the case is heard by the Court of Appeals or the Supreme Court, but the at the suggestion of the court staff is filing this motion to let the Supreme Court decide whether to accept jurisdiction.
Respectfully submitted,
_______________________________________
Robbin Stewart
Certificate of Service
I hereby certify that on November 2, 2006, a copy of the foregoing was sent via first class mail, postage pre-paid, or hand delivery, to the following, and an electronic copy was sent to Doug Webber's office.
James B. Osborn
Office of Corporation Counsel
1601 City County Building
200 East Washington Street
Indianapolis, IN 46204
Doug Webber
Office of the Indiana Attorney General
Fifth Floor, IGC-South
302 W. Washington St.
Indianapolis IN 46204
____________________
Robbin Stewart
P.O. Box 164 Cumberland, IN 46229
gtbear@gmail.com
STATE OF INDIANA ) IN THE INDIANA COURT OF APPEALS
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
EMERGENCY MOTION FOR STAY
Plaintiff by counsel pursuant to Ind. Appellate Rule 56 A, respectfully requests that the Indiana Court of Appeals issue the Temporary Restraining Order denied by the trial court, and if time permits set a hearing for Monday or sooner.
The appeal involves a substantial question of law of great public importance, whether or not the Plaintiff and other voters must submit to a search of a state-issued voting license before being able to cast their vote as of right under Article II section 2 and Article II section 1. Additional claims lie under the Indiana Bill of Rights, the federal constitution, and the Privacy Act of 1974. Plaintiff was denied the right to vote at the primary and expects to be denied the right to vote on Tuesday, unless a court orders relief. The integrity of the election process is at risk. The complaint, the motion in the court below and the memo in support of that motion provide supportive detail.
Plaintiff in the motion for interlocutory appeal cites to both rule 14 A and Rule 14 B, as it was unclear whether this is an appeal of right. The court below has declined to rule on the motion for leave to appeal, so Plaintiff requests that his motion be understood as a motion for appeal as of right under 14 A.
Respectfully submitted,
_______________________________________
Robbin Stewart
Certificate of Service
I hereby certify that on November 2, 2006, a copy of the foregoing was sent via first class mail, postage pre-paid, or hand delivery, to the following, and an electronic copy was sent to Doug Webber's office.
James B. Osborn
Office of Corporation Counsel
1601 City County Building
200 East Washington Street
Indianapolis, IN 46204
Doug Webber
Office of the Indiana Attorney General
Fifth Floor, IGC-South
302 W. Washington St.
Indianapolis IN 46204
____________________
Robbin Stewart
P.O. Box 164 Cumberland, IN 46229
gtbear@gmail.com
Cost: about $300.
---------- Forwarded message ----------
From: robbin stewart < gtbear@gmail.com>
Date: Nov 3, 2006 12:11 PM
Subject: drafts palmer appeal
To: gtbear@gmail.com
STATE OF INDIANA ) IN THE INDIANA COURT OF APPEALS
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
EMERGENCY MOTION FOR STAY
Plaintiff by counsel pursuant to Ind. Appellate Rule 56 A, respectfully requests that the Indiana Court of Appeals issue the Temporary Restraining Order denied by the trial court, and if time permits set a hearing for Monday or sooner.
The appeal involves a substantial question of law of great public importance, whether or not the Plaintiff and other voters must submit to a search of a state-issued voting license before being able to cast their vote as of right under Article II section 2 and Article II section 1. Additional claims lie under the Indiana Bill of Rights, the federal constitution, and the Privacy Act of 1974. Plaintiff was denied the right to vote at the primary and expects to be denied the right to vote on Tuesday, unless a court orders relief. The integrity of the election process is at risk. The complaint, the motion in the court below and the memo in support of that motion provide supportive detail.
Plaintiff in the motion for interlocutory appeal cites to both rule 14 A and Rule 14 B, as it was unclear whether this is an appeal of right. The court below has declined to rule on the motion for leave to appeal, so Plaintiff requests that his motion be understood as a motion for appeal as of right under 14 A.
Respectfully submitted,
_____________________
STATE OF INDIANA ) IN THE INDIANA COURT OF APPEALS
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
Form App. R. 9-1 Notice of Appeal
Plaintiff by counsel pursuant to Ind. Appellate Rule 9(A), respectfully gives notice of an appeal from the following order entered by the Marion Superior Court #4: denial of Temporary Restraining Order, November 1 2006
This appeal is from an interlocutory order.
This appeal will be taken to the Indiana Court of Appeals. A motion for transfer to the Indiana Supreme Court per rule 56 A will also be filed.
Pursuant to Ind. Appellate Rule 10, the clerk of the trial court is requested to assemble the Clerk's Record, as defined in Ind. Appellate Rule 2(E).
Respectfully submitted,
_______________________________________
Robbin Stewart.
Certificate of Service
I hereby certify that on November 2, 2006, a copy of the foregoing was sent via first class mail, postage pre-paid, or hand delivery, to the following, and an electronic copy was sent to Doug Webber's office.
James B. Osborn
Office of Corporation Counsel
1601 City County Building
200 East Washington Street
Indianapolis, IN 46204
Doug Webber
Office of the Indiana Attorney General
Fifth Floor, IGC-South
302 W. Washington St.
Indianapolis IN 46204
____________________
Robbin Stewart
P.O. Box 164 Cumberland, IN 46229
gtbear@gmail.com
STATE OF INDIANA ) IN THE INDIANA SUPREME COURT
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
Plaintiff by counsel pursuant to Ind. Appellate Rule 56 A, respectfully requests that the Indiana Supreme Court consider whether it should accept jurisdiction over the appeal in this case, filed today with the Indiana Court of Appeals.
The appeal involves a substantial question of law of great public importance, whether or not the Plaintiff and other voters must submit to a search of a state-issued voting license before being able to cast their vote as of right under Article II section 2 and Article II section 1. Additional claims lie under the Indiana Bill of Rights, the federal constitution, and the Privacy Act of 1974. Plaintiff was denied the right to vote at the primary and expects to be denied the right to vote on Tuesday, unless a court orders relief.
Plaintiff has no strong preference as to whether the case is heard by the Court of Appeals or the Supreme Court, but the at the suggestion of the court staff is filing this motion to let the Supreme Court decide whether to accept jurisdiction.
Respectfully submitted,
_______________________________________
Robbin Stewart
Certificate of Service
I hereby certify that on November 2, 2006, a copy of the foregoing was sent via first class mail, postage pre-paid, or hand delivery, to the following, and an electronic copy was sent to Doug Webber's office.
James B. Osborn
Office of Corporation Counsel
1601 City County Building
200 East Washington Street
Indianapolis, IN 46204
Doug Webber
Office of the Indiana Attorney General
Fifth Floor, IGC-South
302 W. Washington St.
Indianapolis IN 46204
____________________
Robbin Stewart
P.O. Box 164 Cumberland, IN 46229
gtbear@gmail.com
STATE OF INDIANA ) IN THE INDIANA COURT OF APPEALS
) SS:
COUNTYOFMARION ) CAUSE NO. 49D04-06 10-CT-044 1 13
Joell Palmer,
Plaintiff,
v.
Marion County, et al.
Defendants.
EMERGENCY MOTION FOR STAY
Plaintiff by counsel pursuant to Ind. Appellate Rule 56 A, respectfully requests that the Indiana Court of Appeals issue the Temporary Restraining Order denied by the trial court, and if time permits set a hearing for Monday or sooner.
The appeal involves a substantial question of law of great public importance, whether or not the Plaintiff and other voters must submit to a search of a state-issued voting license before being able to cast their vote as of right under Article II section 2 and Article II section 1. Additional claims lie under the Indiana Bill of Rights, the federal constitution, and the Privacy Act of 1974. Plaintiff was denied the right to vote at the primary and expects to be denied the right to vote on Tuesday, unless a court orders relief. The integrity of the election process is at risk. The complaint, the motion in the court below and the memo in support of that motion provide supportive detail.
Plaintiff in the motion for interlocutory appeal cites to both rule 14 A and Rule 14 B, as it was unclear whether this is an appeal of right. The court below has declined to rule on the motion for leave to appeal, so Plaintiff requests that his motion be understood as a motion for appeal as of right under 14 A.
Respectfully submitted,
_______________________________________
Robbin Stewart
Certificate of Service
I hereby certify that on November 2, 2006, a copy of the foregoing was sent via first class mail, postage pre-paid, or hand delivery, to the following, and an electronic copy was sent to Doug Webber's office.
James B. Osborn
Office of Corporation Counsel
1601 City County Building
200 East Washington Street
Indianapolis, IN 46204
Doug Webber
Office of the Indiana Attorney General
Fifth Floor, IGC-South
302 W. Washington St.
Indianapolis IN 46204
____________________
Robbin Stewart
P.O. Box 164 Cumberland, IN 46229
gtbear@gmail.com
