
Henry Whitehorn (left) John Nickelson (right)
The Second Circuit Court of Appeals will hear Caddo Parish Sheriff candidate Henry Whitehorn’s case today. Whitehorn is hoping to overturn the ruling for a new election after opponent John Nickelson challenged Whitehorn’s one-vote victory.
“The burden of proof is now on Whitehorn’s legal team to basically say how did Judge Joe Bleich get this wrong. If they can’t prove that then the appellate courts will uphold the lower court ruling,” said political analyst Scott Hughes.
Because it’s an election case and timely, Hughes expects the court will rule quickly. He said five judges will review briefings filed by both sides and question the attorneys.
“And they’re going to have to get together and take a straw vote. They’re going to have to decide who’s on what side. And so that can actually take a few days to coordinate the work of five judges. But I would say at least within 48 hours we can start looking for a possible decision,” said Hughes.
The legality of eleven ballots is being questioned in the Caddo Parish Sheriff’s race. Of those votes, two people voted twice, at least five mail-in votes were invalid, and four were cast by unqualified voters.
As for similar cases, Hughes said ironically in neighboring Red River Parish a runoff election for sheriff in 1999 was challenged all the way to the Supreme Court which ruled in favor of another election.
“So many believe there’s already a precedent set in a very similar case. So, unless the Whitehorn camp can really show something Judge Bleich did wrong, I think there’s a belief that the appellate judges might uphold this,” said Hughes.
Last week Whitehorn told the media he will take the case to the Louisiana Supreme Court if necessary.
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