Last Updated: September 10, 2010 at 1:39 PM
Young v. Hosemann
Case Information
Date Filed / Ended: September 12, 2008 / February 25, 2010
State: Mississippi
Issues: Felon Voting Rights, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Mississippi (Case 3:08-cv-00567); U.S. Court of Appeals for the 5th Circuit (Case 09-60188)
Issue:
Whether the State's refusal to permit convicted felons to vote in presidential elections violates the Mississippi and U.S. Constitutions and the National Voter Registration Act.
Status:
Order Granting Motion to Dismiss entered 3/9/09. Consolidated to 5th Circuit Court of Appeals 4/20/09. Order Affirming District Court's Dismissal 2/25/10.
Court of Appeals Documents
- Brief of Appellants
(filed 5/29/09) - Brief of Appellees
(filed 6/29/09) - Reply Brief of Appellants
(filed 7/13/09) - Case calendared for Oral Argument 1/6/10
- Oral argument heard (1/6/10)
- Opinion affirming District Court's Dismissal
(filed 2/25/10) - Judgment
(filed 2/25/10)
District Court Documents
- Complaint
(filed 9/12/08)
- MOTION for Preliminary Injunction
(filed 9/12/08)
- RESPONSE in Opposition regarding MOTION for Preliminary Injunction
(filed 9/19/08)
- ATTACHMENT regarding Response in Opposition
(filed 9/23/08) - Rebuttal regarding Response in Opposition to Motion and Attachment
(filed 9/24/08)
- ORDER denying Motion for Preliminary Injunction
(entered 9/25/08) - MOTION for Certificate of Appealability by Jerry Young
(filed 10/2/08) - MOTION to Dismiss by Delbert Hosemann
(filed 10/2/08) - MEMORANDUM in Support regarding MOTION to Dismiss
(filed 10/2/08) - MOTION to Withdraw MOTION for Certificate of Appealability
(filed 10/3/08) - NOTICE OF INTERLOCUTORY APPEAL as to Order on Motion for Preliminary Injunction
(filed 10/3/08) - ORDER withdrawing Motion for Certification of interlocutory appeal; granting Motion to Withdraw
(entered 10/6/08) - MOTION to Stay pending appeal
(filed 10/7/08)
- ORDER denying Motion to Stay/motion for injunction pending appeal
(entered 10/7/08) - RESPONSE in Opposition regarding MOTION to Dismiss
(filed 10/17/08) - Rebuttal regarding MOTION to Dismiss
(filed 10/17/08)
- ORDER of USCA(certified copy) as to Notice of Appeal, filed by Jerry Young, Christy Colley; that appellants' motion for injunction pending appeal is denied.
(filed 10/21/08) - TRANSCRIPT REQUEST by Jerry Young, Christy Colley for proceedings held on 9/25/08 before Judge Tom S. Lee (filed 10/22/08)
- MOTION to Dismiss
(filed 11/7/08) - Joinder to MOTION to Dismiss
(filed 11/7/08) - USCA JUDGMENT: dismissed as to 11/5/08, for want of prosecution
(filed 11/12/08) - RESPONSE in Opposition to MOTION to Dismiss
(filed 11/13/08) - RESPONSE in Opposition to MOTION to Dismiss (Corrected)
(filed 11/17/08) - MEMORANDUM to counsel (Corrected)
(filed 11/24/08) - Joinder to MOTION to Dismiss
(filed 11/24/08) - ORDER granting Motion to Dismiss
(filed 3/9/09) - Court Granted Motion to Consolidate
(entered 4/20/09)
Court of Appeals Documents
- Motion filed by Appellant Jerry Young, Appellant Christy Colley for injunction pending appeal (filed 10/10/08)
- Response/opposition requested by the Court to motion for injunction pending appeal (filed 10/10/08)
- Response/opposition filed by Appellee Delbert Hosemann to motion for injunction pending appeal (filed 10/14/08)
- COURT Order filed denying appellants' motion for injunction pending appeal (filed 10/15/08)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
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A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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