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HUTCHINSON v. FOX

No. 04-1159.

196 S.W.3d 492 (2004)

Timothy Chad HUTCHINSON, Petitioner; v. The Honorable Timothy D. FOX, Circuit Court of Pulaski County, Arkansas; Robbyn Tumey; Charlie Daniels, Secretary of State; State Board of Election Commissioners; and Benton County Board of Election Commissioners, Respondents.

Supreme Court of Arkansas.

October 29, 2004.

Attorney(s) appearing for the Case

Emmett Bower Chiles and Brandon B. Cate, for petitioner.

Timothy G. Gauger, for appellee The Honorable Timothy D. Fox.

PER CURIAM.

Emergency Petition for a Writ of Certiorari or, in the alternative, for Writ of Prohibition and Emergency Petition for Stay; Timothy Davis Fox, Judge; denied.

THORNTON, J., dissents.

DICKEY, C.J., not participating.

RAY THORNTON, Justice, dissenting.

The Arkansas Constitution provides for the separation of powers into a Legislative Department, an Executive Department, and a Judicial Department, and states that "no person...

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