Friday, December 30, 2005

miss ann goes federal

while it might not seem like the miss ann story has been progressing, especially with my relative absence from the blog, things are moving along slowly and my old posts continue to bring in comments—mostly anonymous, but mostly civil also.

i have now been notified that miss ann is filing a motion to move her case to federal court. she says:

I am asking the US District court to hear my case because I believe my 1st Ammendment rights may be violated in that the language of the zoning ordiance is vague and overly broad. I feel certain it will be accepted and equally certain that Ms. Prosecutor will try to move it back into Marion County Environmental court where it is currently slated.

I have already filed an appearance and have been granted an enlargement of time. I have not yet filed an answer to the charges, but plan to do so soon. After that I plan to do discovery from the prosecutor's office.

Soon I will have the documents I've filed published and available on my site. I intend to keep this very public.

this might be a bit of a risky move, but if she wants get the zoning ordinance struck down as unconstitutional, this is probably a necessary step, as i'm sure it wouldn't (and couldn't) happen on the marion county court.

1 comment:

Anonymous said...

Today I moved the case from Marion Circuit Court to US District Court Southern District of Indiana.

The Verified Notice of Removal and case number assigned by Federal Court is now linked to my website.

It is removed to Judge David F. Hamilton's Court. A well-known recent decision of Judge Hamilton is Hinrichs, vs. Bosma, the permanent
injunction ordering the Speaker of the Indiana House of Representatives not to
permit sectarian prayers as part of the official proceedings of the House.

It is there for now. Let's see what happens next.