Commonwealth v. Caetano

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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,583
    SoMD / West PA
    This one looks interesting.

    15-6134 MALDONADO, ANTONIO V. UNITED STATES

    The motion of petitioner for leave to proceed in forma
    pauperis and the petition for a writ of certiorari are granted.
    The judgment is vacated, and the case is remanded to the United
    States Court of Appeals for the Fifth Circuit for further
    consideration in light of Johnson v. United States, 576 U. S.
    ___ (2015).
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,581
    Hazzard County
    Stuff just got real. :tinfoil:

    ETA: there is a conference next Tuesday, but orders won't be released until the following Monday, 30 November.

    ETA2: already distributed for Tuesday's conference, clerks are on the ball today.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Friedman is getting denied. There is no reaso to take that when Jackson was denied.
    This case though is special compared to the last cases. Circuit split and sympathic planintiff.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    I"ve got a taser case up at the Ninth. If the Court takes this that's guranteed 1988 fees for me. Well assuming we win but I don't think the court would take another 2a case unless it planned on ruling in favor of the 2a.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I"ve got a taser case up at the Ninth. If the Court takes this that's guranteed 1988 fees for me. Well assuming we win but I don't think the court would take another 2a case unless it planned on ruling in favor of the 2a.

    this case is a relatively easy case for the Court. Just a Taser, not a gun, possessed by an otherwise law abiding person for good reasons. Only question is whether a Taser is covered by the 2d Amendment, in the abstract -- a question on which there is a split in the highest courts of two states. The beauty of that is that the reasoning and approach in a Taser case could carry over to an AWB case. Which would mean a hold for Friedman and, if petitioner wins, a GVR in Friedman. That is the best possible case right now.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,919
    WV
    this case is a relatively easy case for the Court. Just a Taser, not a gun, possessed by an otherwise law abiding person for good reasons. Only question is whether a Taser is covered by the 2d Amendment, in the abstract -- a question on which there is a split in the highest courts of two states. The beauty of that is that the reasoning and approach in a Taser case could carry over to an AWB case. Which would mean a hold for Friedman and, if petitioner wins, a GVR in Friedman. That is the best possible case right now.

    I agree and also would point out something very similar happening with 2 abortion cases, one from TX and one from MS. The MS case has been relisted 8 times now, and hasn't been given a new conference date. The TX case got cert on Friday after 1 re-list.
    Seems clearly the MS case was being held until the TX case went to conference.
    I think that's what's happening here (fingers crossed).
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,581
    Hazzard County
    Esq,
    If cert were granted, do you think the court would touch homelessness or carry outside the home given MA's attempt to draw it into the case?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Esq,
    If cert were granted, do you think the court would touch homelessness or carry outside the home given MA's attempt to draw it into the case?

    MA is making an issue of outside the home so yes they will likely deal with the argument if MA continues to press it
     

    rlc2

    Active Member
    Nov 22, 2014
    231
    left coast
    Sympathetic plaintiff for Ginsburg, Kagan, and Sotomayer...

    this case is a relatively easy case for the Court. Just a Taser, not a gun, possessed by an otherwise law abiding person for good reasons. Only question is whether a Taser is covered by the 2d Amendment, in the abstract -- a question on which there is a split in the highest courts of two states. The beauty of that is that the reasoning and approach in a Taser case could carry over to an AWB case. Which would mean a hold for Friedman and, if petitioner wins, a GVR in Friedman. That is the best possible case right now.

    I think these Justices may have some 'splaining to do to the current demographic most in the news lately- War-on-Women, SJWs, RapeonCampus, et al.
    should they not give extra weight to the argument for this sympathetic plaintiff:

    https://www.washingtonpost.com/news...nt/uploads/sites/14/2015/08/caetanoamicus.pdf

    Of course- thats politics and we know the ReliablePartyOrgans will throw this this woman, a domestic violence victim, under the bus in favor of the Narrative.

    Really want to hear what the Wise Latina has to say on this one...
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,919
    WV
    I think these Justices may have some 'splaining to do to the current demographic most in the news lately- War-on-Women, SJWs, RapeonCampus, et al.

    should they not give extra weight to the argument for this sympathetic plaintiff:

    https://www.washingtonpost.com/news...nt/uploads/sites/14/2015/08/caetanoamicus.pdf

    Of course- thats politics and we know the SCOTUS is never affected by that... sarc/off

    They had a chance to overturn Slaughterhouse and resurrect the P or I Clause of the 14A, something many liberals have been wishing for. Instead, they declined because it meant having to give in to 2A expansion.
    They'll throw women, minorities, gays, whoever under the bus to bury the 2A.
     

    ddestruel

    Member
    Jun 23, 2015
    90
    They had a chance to overturn Slaughterhouse and resurrect the P or I Clause of the 14A, something many liberals have been wishing for. Instead, they declined because it meant having to give in to 2A expansion.
    They'll throw women, minorities, gays, whoever under the bus to bury the 2A.


    So true.....
     

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