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Thursday, December 03, 2009
Ind. Courts - Still more on "Group challenges arrests of Notre Dame protesters"
Updating this ILB entry from Sept. 10, 2009, which quoted a South Bend Tribune story headed "Defense claimed judge in Notre Dame protesters case biased" that concluded "The next hearing for Dixon's clients is set for Dec. 3.," today Alice Gallegos has a story in the SB Tribune headed "Judge allows appeal's court to decide Notre Dame bias issue":
MISHAWAKA—A higher court will now decide if a judge should recuse herself from the cases of close to 90 anti-abortion demonstrators arrested on the University of Notre Dame campus.In a hearing today, defense attorney Thomas Dixon repeated his argument that a new judge should oversee the large group of anti-abortion protesters who have opted to take their trespassing cases to trial.
Dixon believes St. Joseph Superior Court Judge Judge Jenny Pitts Manier is biased because of her husband's relationship and former employment status at Notre Dame.
Mainer has previously said her husband has no personal or professional interest in the outcome of the Notre Dame cases at hand nor do his political or ethical beliefs affect her performance as judge.
Prosecutors on Thursday told the judge they had no objection to an appeal being made before the cases head to trial. Both sides brought up the potential of an appeal being granted after the trials are completed and the possible burden of then having to conduct a second set of trials.
After a more than two-hour hearing, Mainer allowed Dixon's request for a final opinion on the bias claims by the Indiana Appellant Court.
Until the higher court rules on the bias argument, the cases of the anti-abortion demonstrators will not move forward.
Posted by Marcia Oddi on December 3, 2009 03:49 PM
Posted to Ind. Trial Ct. Decisions