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March 25 again denied the motion to open the record.
Extraordinary Writs
In addition to noting an appeal, Luke will proceed this week with filing petitions with the Supreme Court seeking issuance of a writ of prohibition and a writ of madamus. If granted, the writs will direct Judge Horne to open the record in the Kidwell case.
“Pursuing our appellate rights is a more lengthy process,” Luke explained. “We hope through the extraordinary writs to bring the matter before the Supreme Court and get a decision before the September trial date.”
In his efforts, the lawyer said, he is relying on procedures to be followed in closing legal proceedings that were set out by the Virginia
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