CA4 Issues Stay, Expedites Appeal

[swinokur]

Damn. I am beyond disappointed. I should have known it was too good to be true. I felt that I was one of the 365 and I was counting down to the 7th. I just hope that the 365 is kept in limbo rather than outright denied.

Esqappelleate surmised MSP may just continue to sit on those as pre stay apps were.

guess we'll see.

 

[csanc123]

ahh. Thanks. At least we don't have to worry about that for awhile (with exception to the special session)

The next regular session starts 09JAN2013 and runs for 90 days - http://mlis.state.md.us/.

 

[fightinbluhen51]

BTW, just noticed it was ALL three judges that didn't do their job.

GROSS!

Esq, point of interest and a honest legal question, why are the amci listed for the defendants (appellants) but not for the plaintiffs (appellies)?

 

[CypherPunk]

I bet the MSP is having a party stuffing thousands of envelopes with denial letters as I type.

 

[Cyndi59]

Being a armed DC/SPO,I still don't want to go thru my company or have the company I work for involved with a handgun permit in Maryland.I had filled out my paperwork to mail off on the 8th and assuming being armed in Washington,D.c. has no barring on filing to apply for a Maryland handgun permit?

 

[pwoolford]

What a kick in the nuts...

 

[wjackcooper]

Alice in Wonderland

Once again I am reminded of Alice's conversation with Humpty Dumpty to the effect of; words don't mean what they mean, the only question is who has power.

http://en.wikipedia.org/wiki/Robert_Bruce_King "It's the utmost compliment to be recommended and supported by Sen. Byrd and Sen. Rockefeller. And the expression of support by President Clinton is the greatest honor of my life."

http://en.wikipedia.org/wiki/Roger_Gregory After the Senate declined to take up Gregory's nomination, and the 2000 presidential election was already over, Clinton installed Gregory on the Fourth Circuit on December 27, 2000 via the presidential power of recess appointment. Gregory's recess appointment would have lasted only until the Senate recessed at the end of 2001. However, he was renominated by newly elected President George W. Bush on May 9, 2001.

http://en.wikipedia.org/wiki/Andre_M._Davis On May 4, 1995, President Bill Clinton nominated Davis to be a judge for the U.S. District Court for the District of Maryland.

Regards
Jack

 

[esqappellate]

MDS Legal Team:

No doubt that whoever loses in CA4, it is going to be appealed to SCOTUS. Could this be decided by SCOTUS Summer of 2013, or would it get pushed to next year?

That depends entirely on when the 4th Circuit decides the case. A decision in December or early January would leave a little bit of time to get on the calender for this coming term. No much though. Parties seeking cert will undoubtedly first ask for rehearing en banc from the 4th Cir and that likely will consume some time, especially if granted. After a final CA decision, the loser has 90 days to file for cert (although can certainly file earlier) No, I would expect this to be heard in the 2013-2014 term.

 

[swinokur]

And another thing, for those of us who had our stuff in PRE - first stay, why should we be screwed out of our money when we applied at a time when we were well in in our rights and before any stays? Everyone else got their checks back. And I can understand this go round they stated ahead of time they will not do the same and flat out deny apps, but to screw those who got their stuff in BEFORE a stay and return checks to those AFTER the first stay, that just pisses me off. I'm not blaming anyone on here of course, but that grinds my f*cking gears.

we don't know that yet. We still may be in limbo just as we were before. fingers crossed. MSI will probably let us know.

 

[fightinbluhen51]

Once again I am reminded of Alice's conversation with Humpty Dumpty to the effect of; words don't mean what they mean, the only question is who has power.

http://en.wikipedia.org/wiki/Robert_Bruce_King "It's the utmost compliment to be recommended and supported by Sen. Byrd and Sen. Rockefeller. And the expression of support by President Clinton is the greatest honor of my life."

http://en.wikipedia.org/wiki/Roger_Gregory After the Senate declined to take up Gregory's nomination, and the 2000 presidential election was already over, Clinton installed Gregory on the Fourth Circuit on December 27, 2000 via the presidential power of recess appointment. Gregory's recess appointment would have lasted only until the Senate recessed at the end of 2001. However, he was renominated by newly elected President George W. Bush on May 9, 2001.

http://en.wikipedia.org/wiki/Andre_M._Davis On May 4, 1995, President Bill Clinton nominated Davis to be a judge for the U.S. District Court for the District of Maryland.

Regards
Jack

ELECTIONS MATTER! If you think for a minute that they don't, well, you're an idiot (Not you Jack, just the general populous).

 

[csanc123]

ESQ..

How do the oral hearings work with respect to new arguements. Must the defendant maintain course with the arguements made at district or can they come up with new lines of attack?

 

[esqappellate]

BTW, just noticed it was ALL three judges that didn't do their job.

GROSS!

Esq, point of interest and a honest legal question, why are the amci listed for the defendants (appellants) but not for the plaintiffs (appellies)?

Cuz, the amici in support of appellees have not filed yet.

 

[fightinbluhen51]

That depends entirely on when the 4th Circuit decides the case. A decision in December or early January would leave a little bit of time to get on the calender for this coming term. No much though. Parties seeking cert will undoubtedly first ask for rehearing en banc from the 4th Cir and that likely will consume some time, especially if granted. After a final CA decision, the loser has 90 days to file for cert (although can certainly file earlier) No, I would expect this to be heard in the 2013-2014 term.

Which means, if it is in the 2013-2014 timeline (unless someone else beats us there...how's that 7th circuit case coming?) we won't know until June 30, 2014. Considering the wavering of Roberts (coward), I'm not a confident betting man at that point.

 

[Glaug-Eldare]

Back to waiting for people in black robes to tell us whether or not we have rights that we already know we have.

We've had more luck with the black robes than the red ones!

I've gotta say, though, I'm very disappointed. John Kerry came over and asked me, "why the long face?" Does this stay mean that CA4 found that Legg abused discretion but won't say how? Were they not required to judge the request by that standard after all?

 

[fightinbluhen51]

Cuz, the amici in support of appellees have not filed yet.

Oh, so it is a general motion with the case before the CA4? Gotcha...I was thinking in simple terms.

 

[esqappellate]

ESQ..

How does the oral hearings work with respect to new arguements. Must the defendant maintain course with the arguements made at district or can they come up with new lines of attack?

The appellant (the appealing party), cannot make new arguments in favor of reversal not presented to the district court. It can, of course, cite new authorities in support of existing arguments.

 

[esqappellate]

Oh, so it is a general motion with the case before the CA4? Gotcha...I was thinking in simple terms.

Amici file 7 days after the date of the brief of the party that they are supporting.

 

[Samuel]

And it is entirely possible that even if we win each appeal on the merits, each of those decisions could be stayed pending the next appeal, all the way till SCOTUS rules. So we could be denied our rights till 2014 on this. Right?

 

[CAS_Shooter]

Such a let down. Expected or not, it is still quite deflating.

 

[eyesinpines]

I'm pretty much devastated, and ashamed that I let my heart rule my head!

After ALL the legal explanations about how slowly judicial wheels normally turn and the
"warp" speed of Judge Legg, to see this stay granted within HOURS makes me want to vomit.

Nothing in this God forsaken State that isn't controlled by liberal demigods. CA4 is clearly pandering to the state and CLEARLY serving the interests of our Government not it's citizens. I think Gura could have saved his time and submitted a couple blank sheets of paper...it would have been treated with the same dismissive lack of consideration!

I HATE Maryland and I'm done....