Lipsey files appeal with Supreme Court

Published 12:01 am Tuesday, December 4, 2007

VIDALIA — Glenn Lipsey is a gambling man.

At least that’s the way his attorney Andy Magoun put it Monday evening after the duo filed one final appeal in the heated race for Concordia Parish sheriff.

“We basically just rolled the dice on it,” Magoun said.

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Magoun was everything but confident that the last-ditch effort would pan out Lipsey’s way, but the men felt appealing to the state’s highest court was the right thing to do.

“On Thursday, we weren’t going to pursue it,” Magoun said. “On Thursday evening, we stewed it over and said we’ve come this far, why not exhaust it.

“It’s the principle of it. We feel like we are right. We feel like the system is flawed.”

So Magoun and the legal team that includes out-of-town lawyers Sheri Morris and Brady King re-worked their appeal to the Third Circuit Court of Appeal and filed it with the Supreme Court before noon.

They still argue that issues of residency and homestead exemption are not clearly addressed in Louisiana law and need attention.

“There’s no hard and fast rule on residency and voting requirements,” Magoun said. “We basically restructured our argument we sent to the court of appeal; we hit the high points we thought were most convincing.”

And now they’ll wait.

The Supreme Court can decide they want to hear more, or that they’d really rather not bother. But Lipsey is betting on the fact that one justice might get his interest peaked just enough to bite.

“It’s a long shot,” Magoun said. “We are definitely not optimistic. But we’ll make them shut one more door in our face.”

If the Supreme Court decides to hear the case, they’ll ask the lower courts for transcripts and exhibits and Lipsey’s legal team will head to New Orleans to make oral arguments.

If the court passes, it’s over.

Magoun said he expected to hear something by Friday.

Lipsey has fought election results since the Oct. 20 vote, first appealing in a Concordia Parish courtroom, then to the court of appeals.

Lipsey must pay all court costs and attorney fees — a number Magoun roughly estimated to be $40,000 to $50,000. Monday’s appeal filing cost was $170.

Sheriff Randy Maxwell won the race by less than 10 votes. Maxwell has said all along that he stands by the vote count and is ready to move the parish forward.