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Decision No. 748

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April 27 1995
In Re: Denial of Petition to Reconsider Judicial Council Memorandum No. 724.

Digest of Case

The Judicial Council declines to reconsider Memorandum 724 since the clergy member who made the request for reconsideration has failed to offer any new and material facts or any overlooked relevant law, and since the procedural defects did not prejudice the clergy member's case.

Statement of Facts

The clergy member whose issues were the subject of Judicial Council Memorandum No. 724 made a timely request for reconsideration of that decision. She advised that she had not received one document submitted by the responding bishop in her matter prior to the Judicial Council's deliberations. This item was subsequently provided to her, and she was given the opportunity to respond to that document. After a review by the Judicial Council of the response, it was determined that the clergy member failed to offer any new and material facts. Rather, she continued to allege procedural defects, but none of these are of such import so as to remotely suggest that even a "perfect" process would have changed the outcome. Further, the clergy member has failed to raise any relevant law or decision which the Judicial Council overlooked in rendering its initial decision. Therefore, since the clergy member has failed to present any new and material facts or any overlooked law which the Judicial Council needs to review, and since the minor procedural defects have not prejudiced the clergy member's case, the Judicial Council declines to reconsider its decision.

Decision

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