CA4 Issues Stay, Expedites Appeal

Drmsparks · Aug 1, 2012

swinokur said:
Per Patrick (MSI) no more sitting on apps by MSP. Issued or denied. Period.

The question I have is will they offer to hold the 365. After all they applied before the stay and things are still up in the air.

Robert · Aug 1, 2012

Sthomas229 said:
It's written right in the order
"Upon consideration of the filings relative to the motion to stay pending appeal, the court grants the motion. The court further directs that this case be expedited and tentatively calendared for oral argument during the October, 2012 session of court, October 23-26, 2012"

Thats about 90 days.

Correct me if I'm wrong..... In the end it doesn't mean that this will still not get dragged out in the CA4?

EDIT: Esqappellate Answered

swinokur · Aug 1, 2012

Once again, glad i applied before the original stay. So we still wait but at least we're in limbo. Others are not so lucky

AFAIK, G & S is still legal and they don't have to issue the 365 until the 4CA rules in October.

Cyndi59 · Aug 1, 2012

In other words esqappellate?

OLM-Medic · Aug 1, 2012

esqappellate said:
An expedited appeal is a big deal. It means you get to jump in front of the line for oral argument and for resolution. Highly unusual to get an oral argument date before all the briefs are filed. And yes, they can issue a one-line order like this. Not uncommon. By expediting it, they recognize the importance of the case and seek to minimize the length of time the stay pending appeal is in place.

My question is, a stay isn't always bad right? I mean just because they grant the stay doesn't mean they are leaning one side or the other, but that its a courtesy thing while they sort things out. This is what I heard, and I'm wondering what you think.

aray · Aug 1, 2012

And so, pending October, our attention now must swing back to defending our current position against mischief by the General Assembly starting 8 days from now.

Keep your powder dry and your phones/emails/faxs/visits ready to go...

Storm40 · Aug 1, 2012

swinokur said:
Once again, glad i applied before the original stay. So we still wait but at least we're in limbo. Others are not so lucky

we hope we wait. i have a sinking feeling I just paid the state to deny me my rights. I also just sunk $80 into an IWB holster that will sit largely unused until at least November IF WE'RE LUCKY.

damn this state. damn it to hell.

eruby · Aug 1, 2012

In my non-lawyer opinion, while I understand they want to keep the status quo, they kind of said F U to Judge Legg and his fantastically crafted 8 page order lifting the stay. :tdown:

csanc123 · Aug 1, 2012

Mrlogs said:
And I deleted all of my posts in the other thread as everyone called me a pessimist when I said there would be a stay even if God requested there be no stay..

I knew no matter what our side said there would be a stay..

Inside politics folks..whether you want to believe it or not..but..don't say I didn't tell ya so..

Till whenever..

Removed....angry....

BenL · Aug 1, 2012

From citizen to subject with the stroke of a pen.

mlance238 · Aug 1, 2012

What a terrible birthday present!

swinokur · Aug 1, 2012

Mrlogs said:
And I deleted all of my posts in the other thread as everyone called me a pessimist when I said there would be a stay even if God requested there be no stay..

I knew no matter what our side said there would be a stay..

Inside politics folks..whether you want to believe it or not..but..don't say I didn't tell ya so..

Till whenever..

Your opinion was based on pessimism, not legal prognostication.

BFD

Sportstud4891 · Aug 1, 2012

Wow, do they even read the submissions or is that just a formality. It really seemed like Maryland was picking at straws whereas Gura obviously refuted and shot down anything they had to say. I have to say I really thought it was going to lean in our favor.

esqappellate · Aug 1, 2012

Broadside said:
So they don't have to justify why they granted a stay? They can just grant the stay and that's it?

My strong guess was simply to maintain the status quo until a merits panel can consider it. This is just a punt to the merits panel. That's a whole lot better than a stay based on a finding that MD is likely to prevail on the merits.

HoCoShooter · Aug 1, 2012

mvee said:
I wonder will the case will be mooted by new laws from Annapolis next season?

That's a good question...if nothing else it gives the GA months more time to plan on how to try ruin things no matter what the ruling ultimately is.

Oh well - the fat lady hasn't started singing yet, not even close.

Boondock Saint · Aug 1, 2012

Mrlogs said:
And I deleted all of my posts in the other thread as everyone called me a pessimist when I said there would be a stay even if God requested there be no stay..

I knew no matter what our side said there would be a stay..

Inside politics folks..whether you want to believe it or not..but..don't say I didn't tell ya so..

Till whenever..

Hindsight makes things remarkably clear, eh?

Bluntly stated, you didn't know shit about the outcome of the motion.

Let's not pretend you're clairvoyant. You had a contrary opinion and it turns out you were correct. Congrats. :thumbsup:

fightinbluhen51 · Aug 1, 2012

Broadside said:
Remember that when they deny our apps we have the right to request a hearing with the review board.

Then swamp the bastards!

Jasonshooter · Aug 1, 2012

What a d#%k head ,,, he should leave his protection at home ...

fightinbluhen51 · Aug 1, 2012

Broadside said:
You're correct. But they will have to do at least 365 hearings. The licensing division will come to a screeching halt.

Precisely...they play games, we play games...

Not to mention...class action? Yikes...hate to think.

Hopalong · Aug 1, 2012

In the grand scheme of things, I'd go so far as to say that this is good news. Yes, they stayed the decision. Yes, we'll have to wait for CA4 to hear this case before we get a final decision. But that final decision will be coming relatively quickly in terms of Federal jurisprudence.

Having said that, I'm still disappointed. And I'm also keenly interested in seeing how MSP responds to this regarding applications that were already processed (i.e. "The 365"). I imagine that we'll be hearing from Patrick at some point soon....

CA4 Issues Stay, Expedites Appeal

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