THE STAY IS LIFTED! effective in 14 days

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    Sev89

    Dreams about cheese
    Nov 4, 2010
    2,100
    Anatomy Park
    Finally, some good news in what has to be the worst "doom n' gloom" period I've witnessed during the short time I've been here. Big thanks to MSI and everyone else who made this possible! :D
     

    haoleboy

    1/2 Banned
    MDS Supporter
    Sep 17, 2005
    4,085
    Dentsville
    Tooooo Soon for that.

    You might want to review the thread on that subject, it seems the guy had body armor.
    I seriously doubt Holmes has been shot enough times while wearing body armor that a movie patron shooting him wouldn't stop or slow down his attack enough that he could be subdued. I, and many in that theater would have like the chance to shoot back and find out I bet.

    +2, too soon for the movie comment.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    My question is what about people like my Brother?? Sent the app, had back round check done, went to the interview and 97 days later, he still hasn't heard a word. At least last time we spoke 2 days ago. So, what's the public opinion on guys who are in this position?

    He is in the same position I am in. I am sitting tight.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    If you can afford the money, apply on 8/7.

    It is a personal decision. If there is no stay, I personally would have no problem applying on August 7. Indeed, given the order, I may even be tempted to get a jump on the process and apply now, before the 7th, in the belief that the MSP will not be arbitrary. The most you will lose is the cost of the livescan if they continue their existing practice and return the application and your check.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Count full days after the 23rd. After 14 of those, i.e. the beginning of August 7, then the stay is lifted.

    Actually, the stay is in effect for the full 14 days through the end of the day on August 7. The order is in effect as of the date the order was docketed (not dated) and don't count that day. Starting count 14 as of 7/25. So it is lifted as of 12:01 am August 8. See Rule 6, FRCP.

    Edit: My error. I looked back and saw that the order lifting the stay was actually filed 7/23. So the stay is over as of 12:01am August 7.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Shouldn't we expect a revised application form within 14 days?

    No way. Not until and unless they lose on appeal and all appellate proceedings have been exhausted.

    EDIT: See Patrick's separate post/thread. We shall see.
     
    Last edited:

    m0bas

    Member
    Feb 26, 2012
    197
    First, congrats to everyone!

    Second, I have a question...not sure if it's been answered already so i'll apologize in advance.

    If the State does in fact ask for an Emergency Stay, will the court require briefing and a schedule or...how does that work exactly?

    Thanks!
     
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