Watusi

We need to address this ASAP!

 

My undestanding was Michael Mitchell received a temporary injuction stateing he could play in all Birds games until further review or ruleing of the courts. That ruleing was issued today apparently 11/30/04. So from 11/29/04 and back he was eligable.... right?

No.

The temporary injuction gave him protection from KHSAA sanctions but only IF it held up under appeal. The appeals court ruled against the Mitchells and overturned the lower courts ruling. So the temporary injunction is in effect meaningless. And the KHSAA ruling of ineligibility from the start prevails. This means that any game he played in must be forfeited.

You two need to PM each other about last weeks news! This thread is about this week!

The correct wod is moot.

Actually the correct wod is word. :lol:

Boo to the KHSAA, I do not fault the decision, but the timing is most inappropriate. What difference does another week make? If this happens after the fact, at least we all know who truly is the 3A champ.

 

At some point during the 3A game, I propose a collective boo from both sides to show our distaste toward the KHSAA.

Again, the KHSAA did not choose the date, so boo the Court of Appeals. The KHSAA filed the appeal weeks, months ago and the Court of Appeals ruled on it today. Bad timing? Yes. Fault of KHSAA? Hardly.

If they had used an ineligible pllayer. But at no time did Mitchell play when his legal status was "ineligible." The courts said he was eligible at the time he played the games and that's the way it should stand.

Not so, BF.

The temporary injunction did give the OK for Mitchell to play, but was subject to be overturned by the higher court. Which happened and which also means that the injuction was never valid. So we revert back to the original KHSAA ruling of ineligibility as the prevailing ruling on the case.

These risks were known going in.

But Bell was Regional Champs as to Cov Cath was only second place In there district.

But if we are playing what if, Cov Cath would have been regional champs via the forfeit, just like Bell. And they would have just as legitimate claim as Bell for a shot at the championship game.

Thats why you can't go backwards.

I think letting Bell play in the finals would be an acceptable answer. That may not be the actual outcome, but aren't you still rewarding Highlands by letting them play in the championship even they used an inelible player to get there?

No.

If you do that then CovCath would file suit. And so on.

Omnipotent are we?

My point exactly how can you qualify for the playoffs legally if you never won a district game. This has got to be one of the most interesting situations I have ever seen, for something like this to happen right now.

Because, once the playoffs begin, you would be opening a pandoras box to even try to go back and sort it all out. It would be impossible and too time consuming to even consider. Better to remove the ineligible player and let the team carry on without him.

The KHSAA has taken the same stance all along. It is not the KHSAA who called the shots, it was the Court of Appeals, who apparently made their ruling today.

Here is the timeline as I understand it.

Mitchell transfers.

All transfers are ineligible for 1 year.

Mitchell applies for a waiver of the 1 yr clause.

KHSAA rules that the transfer was not bona fide and denies a waiver

Mitchell takes the KHSAA to court.

Court rules in favor of Mitchell

Court issues a temporary injunction allowing Mitchell to play/practice.

KHSAA files an appeal to the courts ruling.

Court of Appeals upholds the orginal KHSAA ruling and overturns the injunction.

Thus, legally, the KHSAA ruling of ineligibility was valid and any games Mitchell participated in are to be forfeited.

I would stand with Dale on his choice to play Mitchell.

 

Part of what I understand about this case is that he transferred to play more in positions that would garner views from college scouts. This would give him a better chance to get a scholarship to college. That's what his play has earned him this year and if he had sat on the bench who would have seen his talent and offered? Dale did what was right for the kid. :thumb:

If that is the motivation behind his transfer, then by the transfer rule, the KHSAA was correct in declaring him ineligible. Maybe that is why the court upheld the ruling.

They may forfeit all those games, but I would be willing to bet they will take the field this Saturday vs Boyle, with or without Mitchell.

I guess the Mitchells next move would be the Ky Supreme Court?

And for the record, I'd say Bell, CovCath, EJ, etc are out of the equation. If they go back one step, they would have to go back to the district matchups, etc, and that is a Pandora's box that can't be opened.

This is going to be between HHS and Boyle or not at all.

(IMO)

We all knew the KHSAA filed an appeal and this was in the hands of the Appeals Court.

My question is how much pressure did the KHSAA put on the court to get this one resolved before the finals were played?

The way I understand it (which is a layman's understanding), HHS would forfeit any games Mitchell played in after the injuction if the Court of Appeals held up the KHSAA original ruling. This was covered in the original threads on the case. The temporary injuction does not supercede the original KHSAA ruling if it is later held up in the appeals court. That is why we all speculated about the decision to play Mitchell or not, it was a gamble that has big consequences.

This should be interesting to say the least.

Sydsam,

Welcome to the site. Sorry for taking so long to respond to this thread. I have been really enjoying your posts. Its always good to see another Pond Creeker on here, there are so few of us. :lol:

BTW, is it true that you are a world class snake killer? :confused:

Welcome, Sydsam. I think we are being overtaken by the whole town of Belfry!!! :eek:

You have two choices, surrender or run and hide :scared: :lol:

Welcome aboard, Mrs PH. It is really great to have you here to balance out the insanity created by the rest of us. I think we all need a little therapy.

Now, if you can help us to keep that husband of yours in line, we will be greatly in your debt. :thumb:

:jump:

And the motion carries!

You guys are killing me, good work. :lol:

Macho, Macho, Man......

I Want To Be.....

A Macho Man.....

I have some questions about this one, gender-ally speaking. :lol:

Hip Hip Hooray !

:dancingpa

Now, THATS what I'm talking about.

I think A-Train smilies would be WAY COOL!