CA4 Issues Stay, Expedites Appeal

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  • joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,651
    MD
    Remember that when they deny our apps we have the right to request a hearing with the review board.

    If you didn't have G&S, you don't meet the criteria. I don't think a hearing will do you much good.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,853
    Somewhere in MD
    If you didn't have G&S, you don't meet the criteria. I don't think a hearing will do you much good.

    I think we need some opinions from MSI here as well.

    As others have mentioned in other threads, seeking an appeal from the board keeps the application administratively alive. I would assume that one has to exhaust the administrative remedy path before going forward with litigation. I agree that the HPRB will side with MSP and refuse to overturn based on G&S still being permissible under the CA4 Stay.

    I think I will wait and see what MSI has to say and, if denied, will write SAF and ask for guidance since I was a SAF member at the time of application.
     

    Sthomas229

    none
    MDS Supporter
    May 7, 2009
    6,666
    Laurel, MD
    Esqappellate in your legal experience, what does an expedited appeal mean? Does this mean a 30 to 90 day process or are we looking 6 month or longer?

    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.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,828
    Bel Air
    I can't say I'm surprised, but I do feel a little let down. I guess we wait until October (at least they had the courtesy to expidite the hearings) plus a month or two while we wait for a decision....:mad54:
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Esqappellate in your legal experience, what does an expedited appeal mean? Does this mean a 30 to 90 day process or are we looking 6 month or longer?

    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.
     

    J-Dog

    Ultimate Member
    Mar 9, 2012
    1,789
    Getting something in the books is much easier than getting it out.
    I kinda expected this, though I'd hoped that it wouldn't happen.

    If there's a bright side to it, it's that every other state in the 4th Circut (WV, VA, NC, SC) is Shall Issue. MD is the only standout.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I'm just hoping they're being extremely thorough, with this potentially a landmark case.

    As for denials? My nickel in the wishing well is for MSP to just hold as-is...

    You know, I think it likely that the MSP will just continue to hold the pre-stay apps that they were just holding before. That's a guess. The will simply deny the new appls filed now, rather than returning them as before.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    Based on the short time frame involved, yesterday I wouldn't have been that surprised that they opted to keep the status quo. However, after reading the spanking that Gura dished out, I had myself a big gulp full of the Kool-Aid and I'm really bummed....
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,491
    Crofton
    I guess we'll all go back to carrying our long arms for protection

    /sarcasim

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

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