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Indiana poll

It’s been a while since I did a reader poll. This one asks why, in your opinion, will the two causes of action, declaratory relief and permanent injunction in Taitz v. Elections Commission, against the Indiana Secretary of State and the State Elections Commission be dismissed by Judge S. K. Reid. The poll ends at 10 AM EDT, October 22, 2012.

For background, see my article: “Indiana moves to dismiss: full text.”

Reason for dismissal:

  • all of the above (45%, 41 Votes)
  • lack of subject matter jurisdiction (22%, 20 Votes)
  • the case will not be dismissed (12%, 11 Votes)
  • res judicata and/or collateral estoppel (9%, 8 Votes)
  • as a sanction for violating court rules and orders (5%, 5 Votes)
  • other reason (leave a comment) (4%, 4 Votes)
  • failure to state a claim (3%, 3 Votes)
  • failure to file tort claims notice (0%, 0 Votes)
  • sovereign immunity (0%, 0 Votes)

Total Voters: 92

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37 Responses to Indiana poll

  1. avatar
    Keith October 20, 2012 at 9:13 pm #

    I was gonna take the easy way out and vote “All of the above”. But just before I pressed the button, I decided that Orly is probably going to collapse in some kind of a psycho-biological fit, probably a massive stroke, and the case will be adjourned until she can regain the use of the right side of her body.

  2. avatar
    Dr. Conspiracy October 20, 2012 at 10:04 pm #

    The poll doesn’t specify that the dismissal be on Monday.

    Keith: I decided that Orly is probably going to collapse in some kind of a psycho-biological fit, probably a massive stroke, and the case will be adjourned until she can regain the use of the right side of her body.

  3. avatar
    LW October 20, 2012 at 10:29 pm #

    Oh lord, no one told me there’d be a test. My wife made a pitcher of her special limeade tonight. Yes! No! Pass!

  4. avatar
    Daniel October 20, 2012 at 11:48 pm #

    Why hasn’t John come round to vote “not dismissed”?

  5. avatar
    Dr. Conspiracy October 21, 2012 at 8:08 am #

    We have 4 votes for “not dismissed” so far.

    Daniel: Why hasn’t John come round to vote “not dismissed”?

  6. avatar
    ScottRS October 21, 2012 at 10:40 am #

    I voted “other” – it will be all of the above except as a sanction, but the lack of jurisdiction basically moots all the others anyway. The Court will still discuss the others, out of kindness, I suppose.

  7. avatar
    Yoda October 21, 2012 at 10:49 am #

    There is a central rule in every court that must be understood. Courts are under a mandate to look at procedural issues before it ever looks at anything substantive. That is the reason that so many birther cases have been dismissed based on standing and subject matter jurisdiction. While the Court may comment on various subjects, I doubt it because the bottom line is that if it determines that it does not have subject matter jurisdiction it cannot rule on anything else and must dismiss the case.

  8. avatar
    Daniel October 21, 2012 at 1:06 pm #

    Dr. Conspiracy:
    We have 4 votes for “not dismissed” so far.

    Yes I find that curious and amusing.

  9. avatar
    GeorgetownJD October 21, 2012 at 1:20 pm #

    The case against the SOS and the elections commission was dismissed in June. Rebranding the same tired claims as “torts” does not get around the doctrine of res judicata.

  10. avatar
    Dr. Conspiracy October 21, 2012 at 2:44 pm #

    The “not dismissed” vote is up to 8 now. Keep in mind that on average about 2,000 people a day visit the site. Who knows what that silent majority is about?

    Daniel: Yes I find that curious and amusing.

  11. avatar
    Paul October 21, 2012 at 3:07 pm #

    It will be dismissed because they got to the judge. DAMN YOU, OBAMA THUGS!!!

  12. avatar
    Andrew Vrba, PmG October 21, 2012 at 4:11 pm #

    Keith:
    I was gonna take the easy way out and vote “All of the above”. But just before I pressed the button, I decided that Orly is probably going to collapse in some kind of a psycho-biological fit, probably a massive stroke, and the case will be adjourned until she can regain the use of the right side of her body.

    I see her losing her law practice.

  13. avatar
    Yoda October 21, 2012 at 5:27 pm #

    Paul:
    It will be dismissed because they got to the judge.DAMN YOU, OBAMA THUGS!!!

    I hope you are being sarcastic.

  14. avatar
    Paul October 21, 2012 at 5:27 pm #

    Dr. Conspiracy:
    Keep in mind that on average about 2,000 people a day visit the site. Who knows what that silent majority is about?

    You’re under surveillance, Doc.

  15. avatar
    Paul October 21, 2012 at 5:29 pm #

    Yoda: I hope you are being sarcastic.

    Steven please…

  16. avatar
    Majority Will October 21, 2012 at 5:42 pm #

    Dr. Conspiracy:
    The “not dismissed” vote is up to 8 now. Keep in mind that on average about 2,000 people a day visit the site. Who knows what that silent majority is about?

    any . . . day . . . zzzzzzzzzzzzzzz

  17. avatar
    Daniel October 21, 2012 at 5:44 pm #

    Paul:
    It will be dismissed because they got to the judge.DAMN YOU, OBAMA THUGS!!!

    And worth every penny I paid, let me tell you.

  18. avatar
    Majority Will October 21, 2012 at 5:45 pm #

    Paul:
    It will be dismissed because they got to the judge.DAMN YOU, OBAMA THUGS!!!

    😀

  19. avatar
    Paul October 21, 2012 at 5:50 pm #

    Daniel: And worth every penny I paid, let me tell you.

    Between the money our Savior pays his thugs and the money he pays us Obots to monitor Oily and Miki Booth and harrass them online, I don’t know how he manages to pay for his reelection campaign!

    Gotta go count my Obama Bucks now…

  20. avatar
    Yoda October 21, 2012 at 6:06 pm #

    Paul: Steven please…

    Not knowing who you were coupled with a lack of “tone” in the written word, coupled with not enough wine and it was hard to tell. I am duly chastised.

  21. avatar
    Paul October 21, 2012 at 6:10 pm #

    Yoda: Not knowing who you were coupled with a lack of “tone” in the written word, coupled with not enough wine and it was hard to tell.I am duly chastised.

    Dude, you are TOTALLY my bitch.

  22. avatar
    Steven Feinstein October 21, 2012 at 6:37 pm #

    Paul: Dude, you are TOTALLY my bitch.

    I am NO ONE’s bitch. I am Yoda dammit, hear me roar.

  23. avatar
    Paul October 21, 2012 at 6:42 pm #

    Steven Feinstein: I am NO ONE’s bitch.I am Yoda dammit, hear me roar.

    …and I am duly chastised

  24. avatar
    Steven Feinstein October 21, 2012 at 6:49 pm #

    Paul: …and I am duly chastised

    I am a humble Yoda, but NO ONE’s bitch

  25. avatar
    jayHG October 21, 2012 at 9:08 pm #

    Daniel:
    Why hasn’t John come round to vote “not dismissed”?

    That was John voting “not going to be dismissed” from 4 computers…..

  26. avatar
    ZixiOfIx October 21, 2012 at 9:24 pm #

    I’d like a hefty slice of res judicata, smothered in a ladle of whatever you call failure to file and/or serve correctly, and a schmear of lack of subject matter jurisdiction.

    To go, please.

    Oh, and, um, throw in a big bag of those homemade sanctions for calling the judge a communist traitor. Wrap the whole thing in the Constitution while you’re at it.

    Thanks!

  27. avatar
    Dr. Conspiracy October 21, 2012 at 9:34 pm #

    Yup.

    For it is written: “‘He will command his angels concerning you to guard you carefully;

    Luke 4:10

    Paul: You’re under surveillance, Doc.

  28. avatar
    Keith October 21, 2012 at 11:56 pm #

    Andrew Vrba, PmG: I see her losing her law practice.

    How do you lose something you never had?

  29. avatar
    brygenon October 22, 2012 at 1:26 am #

    Dr. Conspiracy: The “not dismissed” vote is up to 8 now. Keep in mind that on average about 2,000 people a day visit the site.

    And keep in mind that the margin of error for this kind of poll is 100%.

  30. avatar
    CraigHS October 22, 2012 at 5:05 am #

    I can see a very public meltdown in the courtroom preventing any actual business being completed… deferred pending psychiatric evaluation!

  31. avatar
    Keith October 22, 2012 at 6:49 am #

    And keep in mind that I voted “not dismissed” because I am convinced it will be adjourned; then Doc tells me he didn’t mean just the current hearing.

    As I type this, I’m watching Katharine Hepburn and Spencer Tracy fight it out in “Adam’s Rib”. I must say the Hepburn/Tracy massage scene was pretty racy for the day.

    I can’t help but imagine Katy tearing Orly a new one had they ever met in the court room and Katy INAL either.

  32. avatar
    ASK Esq October 22, 2012 at 10:12 am #

    My prediction, not as to the reason for dismissal, but what Orly will say afterwards, because of this poll. She will claim that the fix was in, that someone here knew in advance that the case was going to be dismissed and/or influenced the judge.

    Expect a summons, Doc.

  33. avatar
    John Wayne October 22, 2012 at 2:27 pm #

    This is Huge! Over objections by the defense we were able to admit into evidence all of the exhibits and testimony showing forgery in Obama’s birth certificate. Proposed order will be submitted by TH, decision by Judge Reid will be coming in the near future!

  34. avatar
    JL from Sherman Oaks October 22, 2012 at 3:01 pm #

    As someone who voted in this poll, “Not Dismissed,” I am sad to have been correct. 🙁 What is wrong with that judge???

  35. avatar
    misha marinsky October 22, 2012 at 8:25 pm #

    John Wayne: This is Huge!

    Any chance your full name is John Wayne Gacy?

  36. avatar
    gorefan October 22, 2012 at 10:19 pm #

    John Wayne: This is Huge!

    I know you are not real bright so I’ll make it simple for you – both sides are writing orders by Thursday. The judge will pick the one she likes. The judge will not pick Orly’s.

  37. avatar
    nbc October 23, 2012 at 2:08 am #

    Poor John Wayne, he still believes that Orly made any impact other than falling flat on her face.
    The Judge cut it short after giving Orly plenty of time to present her case. But witness after witness wasted time to have their testimony ignored because they failed to overcome legal burdens and Orly could not help them.

    It’s over..