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Last updated on Friday, April 8, 2016
(MITCHELL) - Dan Terrell’s attorneys filed an emergency petition last Friday to transfer his election suit against Mitchell Mayor JD England to the Indiana Supreme Court.
Although the petition requests the case be moved from the Indiana Court of Appeals, the Supreme Court does not have to accept the transfer.
The transfer was filed based on Appeals Rule 56 - "The Supreme Court may, upon verified motion of a party, accept jurisdiction over an appeal that would otherwise be within the jurisdiction of the Court of Appeals upon a showing that the appeal involves a substantial question of law of great public importance and that an emergency exists requiring a speedy determination."
If the Supreme Court grants the motion, the case will be transferred to the Supreme Court.
No decision has been made.
In November's general election, John "JD" England (I) beat Terrell (R) by four votes.
England took office at the beginning of the year. However, Terrell filed a complaint saying mistakes were made by the Lawrence County Clerk's Office, making it "impossible to determine a winner" and requested a special election. A trial was held.
On. January 29, Special Judge E. Michael Hoff ruled on January 29 in favor of John "JD" England in the case and granted England's attorneys Cody Kendall and David Smith's a motion to dismiss the contested election, saying that Dan Terrell's attorney's David Brooks and William Mullis did not meet the good faith basis to file the petition to contest the election in the first place.
Hoff also ruled that there would be no special election. He ruled that mistakes were made, but those mistakes were not a deliberate act.
Terrell then appealed Hoff's decision February 26, moving the case to the Indiana Court of Appeals.
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