News From Terre Haute, Indiana

Local & Bistate

November 14, 2008

Indiana Court of Appeals nullifies 2007 Terre Haute mayoral election

Decision reverses Duke Bennett's victory

(Continued)

TERRE HAUTE —

Family: Wife, Pam; daughter, age 21; son, age 15.



KEVIN BURKE

Democrat

Born: Jan. 29, 1956

Education: Graduate of Danville, Ill., High School (1974).

Experience: Former mayor of Terre Haute; performed day-to-day operations at Burke Spring & Alignment in Terre Haute from 1974 until he became mayor in January 2004.

Family: Wife, Vicky; three daughters, 31, 30, and 25; seven granddaughters ranging from newborn to 9 years old.





WHAT TO KNOW


How often are Court of Appeals decisions appealed to the Indiana Supreme Court?

• Court of Appeals rulings are frequently appealed to the state Supreme Court — in a move known in Indiana as “requesting transfer” — but the Supreme Court does not always grant transfer, or accept the appeal. Because the Indiana Supreme Court grants transfer in a smaller percentage of cases than the Court of Appeals decides, the Court of Appeals has final jurisdiction in most appellate cases in Indiana.

What is a certified decision and how is it different from a regular decision?

• The Court of Appeals is an intermediate appellate court. This means that its decisions are subject to review by the Indiana Supreme Court. If a decision of the Court of Appeals — which is published on the court’s Web site when it is handed down — is appealed to the Supreme Court and the Supreme Court accepts the appeal (in Indiana, known as granting transfer), then the Court of Appeals decision may not be final. Court of Appeals decisions are not certified as final until the Indiana Supreme Court denies transfer in the case, or until the time for transfer has lapsed. Court of Appeals decisions are also certified when the Supreme Court, upon granting transfer, affirms the Court of Appeals’ ruling.

Source: Indiana Court of Appeals Web site at www.in.gov/judiciary/appeals.

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