SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12

[JMangle]

Briefing Schedule established in Woollard in the 4th Circuit

Appendix due: 05/29/2012
Opening brief due: 05/29/2012
Response brief due: 07/02/2012

Thanks for the update.

I don't know all the legal implications, but I really like that line about no time extensions outside of extraordinary circumstances.

I'm not a patient man.

 

[jkray]

What are the chances that the court will screen the appeal for decision using Local Rule 34(a). And if they do so, would this mean that there would be no oral arguments and they would just hand out their decision?

 

[esqappellate]

What are the chances that the court will screen the appeal for decision using Local Rule 34(a). And if they do so, would this mean that there would be no oral arguments and they would just hand out their decision?

Virtually zero in this sort of case. Oral argument will be held.

 

[fightinbluhen51]

Virtually zero in this sort of case. Oral argument will be held.

Oh well, here's to hoping huh?

 

[X-Factor]

Were there orals in District? I don't remember there being any....if not is the virtual guarantee of oral arguments a function/right of appellate arguments?

 

[esqappellate]

Were there orals in District? I don't remember there being any....if not is the virtual guarantee of oral arguments a function/right of appellate arguments?

Was there oral argument in the district court? yes, on the summary judgment motions. Doesn't look like it on the stay motion. Discretionary with the district court. Oral argument in the courts of appeals is up to the court. In the CA4, oral argument is the rule, rather than the exception, especially in an important case. This case qualifies as important. I would be amazed if they didn't hold oral argument.

 

[fightinbluhen51]

Were there orals in District? I don't remember there being any....if not is the virtual guarantee of oral arguments a function/right of appellate arguments?

Yes, Patrick was there for them. The synopsis thereof is somewhere in this thread.

 

[esqappellate]

Oh well, here's to hoping huh?

In case there is any doubt on this: Oral argument is *good* thing.

 

[X-Factor]

Was there oral argument in the district court? yes, on the summary judgment motions. Doesn't look like it on the stay motion. Discretionary with the district court. Oral argument in the courts of appeals is up to the court. In the CA4, oral argument is the rule, rather than the exception, especially in an important case. This case qualifies as important. I would be amazed if they didn't hold oral argument.

Got it thanks. They had a teleconference for part of the stay motion...guess that doesn't count? lol

In case there is any doubt on this: Oral argument is *good* thing.

That's kinda what I thought.

 

[jkray]

Virtually zero in this sort of case. Oral argument will be held.

In case there is any doubt on this: Oral argument is *good* thing.

Thanks! so the briefs will be in by July, when can we expect to have oral arguments? or am I a little early to be asking this question?

 

[krucam]

Briefing Schedule established in Woollard in the 4th Circuit

Appendix due: 05/29/2012
Opening brief due: 05/29/2012
Response brief due: 07/02/2012

Excellent....in my Mr. Burn's voice.

 

[Patrick]

Curious to see if Gansler asks for an extension. I know its bad form, but so is everything else they have done post-Woollard. Why stop now?

 

[krucam]

Shouldn't we be finding out who are Panel is going to be pretty soon?

 

[esqappellate]

Curious to see if Gansler asks for an extension. I know its bad form, but so is everything else they have done post-Woollard. Why stop now?

With the stay papers pending? A bad idea for him.....

 

[esqappellate]

Shouldn't we be finding out who are Panel is going to be pretty soon?

Last time I was in the 4th (admittedly a while ago), I didn't find out until the morning of the argument. Not sure what the procedure is now. I'll find out.

edit: I can confirm, that hasn't changed.

 

[Patrick]

With the stay papers pending? A bad idea for him.....

So it looks like we're getting opening brief on the 29th, given that the last stay response is due the 23rd and the judge's decision some time after that.

 

[esqappellate]

So it looks like we're getting opening brief on the 29th, given that the last stay response is due the 23rd and the judge's decision some time after that.

Yes. Should be interesting reading.

 

[Patrick]

It'll be a busy month for those kids at the AG's office. Two briefs due a week apart, and one an appeal. It's the kind of thing that seems...exceptional, to me.

I'm just egging everyone on at this point.

 

[Papi4baby]

I know it has been said before.

But you guys are great, esqappellate Patrick and Krucam.

Thank you.

 

[krucam]

It'll be a busy month for those kids at the AG's office. Two briefs due a week apart, and one an appeal. It's the kind of thing that seems...exceptional, to me.

I'm just egging everyone on at this point.

Any voodoo types able to throw a spell of Writer's Block on them?

Enough, for me...