Maybe a good omen for the hearing on the new DC law on the 20th.
CA denied intervention in Peruta!
- Thread starter wolfwood
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Yowza
bobthefisher
Durka ninja
If I were to read the minds of the SCOTUS judges, I would say they're waiting on Palmer to work through the courts. Something about D.C. gets their togas in a ruffle.
They'd probably just deny cert again if Peruta was appealed.
They'd probably just deny cert again if Peruta was appealed.
Mr H
Banana'd
If so, then we need more to fall like Peruta did, to outweigh the Woollards of the world
It's a bit of a shame Woollard is already done.
bobthefisher
Durka ninja
What's the tally, I forget. 2-5 wins to losses at circuit? I think we're running out of circuits. This is not an issue in all circuits.
Nah
Palmer is still in the district, meaning it hasn't gone through the appeals process yet.
Peruta, and Richards challenged the local Sheriffs, but CA law remains unchanged.
Baker in HI, did infact have it's law stuck down unlike the rest of the cases. This point increases the chances the SCOTUS will pick the case when HI appeals.
SCOTUS could grant cert for just 2 circuit splits.. Guess they're gonna wait.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Yes, they could. That is, however, rather extraordinary in the absence of a request from a party. That it hasn't happened yet in this case *probably* means it won't happen here.
See 9th Cir. General Order 5.4c
c. En Banc Calls and Supplemental Briefing
1. En Banc Calls
Any judge may call for a vote to rehear a case en banc: (1) in response to notice of the panel's vote that a petition for rehearing en banc be denied and a petition for panel rehearing denied (see G.O. 5.4.b), or (2) sua sponte. The requesting judge shall notify the panel and all other members of the Court of any call, and shall forward a memorandum setting forth reasons: (1) within 14 days of the date of distribution of the call; (2) within 14 days after the circulation of the response to the petition for rehearing en banc; or (3) in the case of sua sponte calls, within 7 days after the circulation of the simultaneous briefing, whichever is latest. (Rev. 7/1/02)
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esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Peruta is not going to be appealed as the sheriff has opted for no further review and the court has now denied intervention. So unless the 9th Circuit acts to grant en banc on its own motion, this case is cooked. Done. Different story in Baker, of course. So now the question should turn to what happens in Baker.
Here's a copy of today's order, as filed.
It could also be Palmer.
Palmer is literally light years behind. It hasn't been through the appeals process yet.
How long will it take for the vote for en banc to happen in my case and Richards now that Peruta has been decided to you think?
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Should be quite soon. Within a couple of weeks. See Henry v. Ryan, 766 F.3d 1059 (C.A.9,2014) (discussing paths and time limits for rehearing). Both Baker and Richards relied exclusively on Peruta and both were not published opinions. Baker is the easy case for them to deny, as the district court basically held that the 2A didn't apply at all outside the home and the appeal was on interlocutory review from a denial of a PI. Richards is harder to deny rehearing, as the actual party is seeking rehearing en banc and it involves the same Cal. statutory scheme as administered the same way by a sheriff. We shall see. See attached order in Richards, stopping the rehearing clock in that case pending Peruta. Same order was entered in Baker
Mr H
Banana'd
Armadillofz1
Ultimate Member
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