Denied: Kurita Appeal Continues

By Kleinheider Posted on April 13, 2009 at 12:41 am

State Sen. Tim Barnes’s motion to dismiss an appeal filed by former state Sen. Rosalind Kurita seeking a reversal of the court’s decision to uphold the decision of the state Democratic Party to strip her of the nomination for state Senate last November has been denied.

Barnes sought to dismiss the appeal arguing that “if the Court ever had jurisdiction over the political questions at issue in this case, the passage of time and intervening events have divested it of such jurisdiction.”

Barnes’ legal team asserted that due to the fact that Barnes has already won the general election against Kurita (as a write-in candidate) and that Barnes was seated by the state Senate with no objection that the problem is resolved.

The court did not agree and the Kurita’s appeal will be heard, likely sometime in June.

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Tags: appeal, motion, Rosalind Kurita, Tim Barnes