.
DOCKET SHEET
Circuit Court NEWTON County, Missouri
File No. CV396-771CC MARTIN F. LINDSTEDT Pro Se
Nature of Action: Plaintiff or Petitioner
Writ of Mandamus vs.
NEWTON COUNTY CLERK KAY BAUM
DATE Orders of Court
______________________________________________________________________
09 17 96 | Petition for writ of mandamus filed.
9 19 96 | Circuit Clerk to hand deliver copy of petition
to County Clerk. County Clerk to have until
close of business 9-23-96 TWP
09 19 96 | Circuit Clerk's office delivered copy of petition to County
Clerk with copy of docket sheet. vs
09 23 96 | Response to Petition for Writ of Mandamus and Motion to
Dismiss filed.
09 24 96 | Court reviews Petition for writ of Mandamus
| and respondent's response to Petition for
| Writ of Mandamus and Motion to Dismiss.
| Court reviews various provisions of Chapter
| 115 of the Revised Statutes of Missouri.
| Court specifically reviews each
| statute cited by each respective
| party.
| Relator is requesting relief pursuant to
| Section 115.333 R.S.Mo. Said section applies
| to two types of petitions. First, {to} a petition
| for a nomination of an independent candidate.
| Second, a petition for the formation of
| a new political party. Since relator did
| not petition the County Clerk for
(other side of docket sheet)
| nomination as an independent candidate
| nor did Relator petition the County Clerk for
| nomination {as an} for the formation of a
| new political party, Section 115.333 simply
| does not apply. Accordingly, this Court has
| no authority to proceed under 115.333.
| Relator's request is to place Relator's name
| on the general ballot of November 5, 1996
| as the Libertarian Party candidate for
| Sheriff of Newton County. Court notes that
| Section 115.343 RSMo provides in part "The person receiving
| the greatest number of votes at a primary election as a
| party candidate for an office shall be the _only_ (emphasis
| added) candidate of that party fot the office at the
| general election."
| Accordingly, this Court is prohibited by State law
| from granting Relator's requested relief. The
| law does provide for write in
| candidates. Petition for writ of
| mandamus is denied. TWP
| Copy of docket sheet
| forwarded to Martin Lindstedt, Kat Baum and Greg Bridges.
|
.
Comments: As I suspected, Judge Perigo used the misquotation of the law provided by Lawyer Bridges and misquoted some of it himself in order to do what he intended to do all along -- deny my writ of mandamus.
I took Timmy's and Greggie's dishonesty to task in my petitions for judicial review and mandamus before the Missouri Court of Appeals and Missouri Supreme Court. They got somewhat trashed out in The Neosho Daily News coverage of October 13, 1996. .
Back to Lindstedt for Sheriff or
Patrick Henry On-Line
.