The Court of Appeals of Indiana will hear oral argument in Mansfield v. McShurley on Tuesday, April 14, 2009 at 5:00 PM in the Fowler Auditorium at the Stuart Center, Purdue University.  A panel of Judge Margret G. Robb, Judge Cale J. Bradford and Judge Melissa S. May will hear the case on appeal from Delaware County Circuit Court.

The case concerns the apparent election of Mansfield as mayor of Muncie.  There was a recount after which his opponent, McShurley, was declared the winner.  Mansfield challenged that result and McShurley moved to dismiss.  The trial court dismissed Mansfield’s challenge because an election contest must be brought within fourteen days after election day.  Mansfield notes that for the two weeks after election day, he was the apparent winner of the election and therefore could not challenge it.  He argues strict compliance with the statutory deadline is not required, and that the trial court also erred in dismissing his amended complaint that questioned the exclusion of certain voters.  Arguing for the appellant, Mansfield, will be William R. Groth of Indianapolis, Indiana and arguing for the appellee will be David M. Brooks of Indianapolis, Indiana.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch.  Following the submission of the case, members of the audience are invited to ask questions about the judicial process in Indiana.  The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001.

The Court of Appeals of Indiana is the state’s second highest court.  It reviews appeals from trial court decisions.  A decision of the Court of Appeals is final unless granted further review by the Supreme Court of Indiana. 

The fifteen judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three judge panels.  For more information about the Court of Appeals, visit http://www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiatives as well as additional information, visit http://www.in.gov/judiciary/appeals/arguments.html.