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Friday, May 7th, 2010 -- 11:42 am
Posted by Riley Hebert-News Director

A Clark County Judge has canceled a motions hearing in a controversial court case.

Judge Jon Counsell was scheduled to hold a hearing on a motion to reconsider his ruling in the Emanuel Miller Jr. case this afternoon, but on-line records say the hearing has been canceled per his request.

Counsell dismissed a case against the local Amish farmer, who has refused to comply with the state’s mandatory premise registration law. He ruled the law infringed on Miller’s religious beliefs and wasn’t the “least restrictive” means to ensure a timely response to disease outbreak.

The state filed a 32-page brief, authored by DATCP attorney Michelle McGuire, which lists 20 points in the decision she feels are “unsupported by law and the record.”

District Attorney Darwin Zwieg says Judge Counsell is not required to reschedule the hearing. If he doesn’t, the state could eventually appeal the ruling.

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