Irvin v. Dowd Page 16

Irvin v. Dowd general information

Media for Irvin v. Dowd

Audio Transcription for Oral Argument - January 15, 1959 (Part 1) in Irvin v. Dowd

Audio Transcription for Oral Argument - January 15, 1959 (Part 2) in Irvin v. Dowd

James D. Lopp:

In writing.

Hugo L. Black:

Is that in the record?

James D. Lopp:

That's of record.

Felix Frankfurter:

You mean that they explicitly -- that they explicitly brought themselves within your Rule 2-16?

James D. Lopp:

They -- they had to get an extension.

Felix Frankfurter:

I don't --

James D. Lopp:

They did, Your Honor.

They did.

Felix Frankfurter:

I don't understand.

James D. Lopp:

They did.

Felix Frankfurter:

Explicitly?

James D. Lopp:

Explicitly by a petition for an extension of time to file their briefs.

Felix Frankfurter:

Invoking Rule 2-16 --

James D. Lopp:

They had.

That's right.

Felix Frankfurter:

-- and they asked for an extension of time.

James D. Lopp:

They asked for an extension of time.

And that's the only way you can get an extension of time by stating in your petition that you admit the Court has jurisdiction and that you waived the right to -- for dismissal.

And there was never a dismissal motion filed by the State of Indiana at anytime.

Potter Stewart:

Now, Mr. Lopp, do we have in the record here the briefs of the parties eventually filed before the Supreme Court of Indiana?

James D. Lopp:

No, we do not but we would be glad to submit them.

Potter Stewart:

In the brief of the State, did it take the position that --

James D. Lopp:

In the --

Potter Stewart:

-- Trial Court was without jurisdiction to pass on (Voice Overlap) --

James D. Lopp:

In the front part of their brief, they did.They did mention in the front part brief.

Potter Stewart:

But, it refers to me that maybe in your state practice, it's not necessary to file a motion to dismiss, maybe the argument on the appeal was just that this motion was properly denied as a matter of state law.

James D. Lopp:

No.

Your Honor, I think --

Potter Stewart:

In any event, could you -- with the Chief Justice's --

James D. Lopp:

I would be glad to submit our briefs that --