PDA

View Full Version : Peruta and Richards. With AB 144, what's next?


notme92069
10-10-2011, 10:30 AM
With the passage of AB144, what will happen, and when? What are the next steps for these cases?

1JimMarch
10-10-2011, 10:52 AM
I would think that a "notice of new authority" should be filed in each by the attorneys. I assume it would be similar to what happens when a new higher-court case comes down, except this is in fact a change in law. As each case is at the appeals court level but not yet decided, such news could be filed before a decision comes down.

I don't know if oral arguments have happened in either at the appeals court level.

Is it possible to go back to the deciding judges and say "hey, the basis for your decision has just changed out from under you!"?

Purple K
10-10-2011, 11:15 AM
I would think that a "notice of new authority" should be filed in each by the attorneys. I assume it would be similar to what happens when a new higher-court case comes down, except this is in fact a change in law. As each case is at the appeals court level but not yet decided, such news could be filed before a decision comes down.

I don't know if oral arguments have happened in either at the appeals court level.

Is it possible to go back to the deciding judges and say "hey, the basis for your decision has just changed out from under you!"?

I think its called GVR

hoffmang
10-10-2011, 1:49 PM
The reply brief in Richards is due shortly.

-Gene

Liberty1
10-10-2011, 1:52 PM
What is most likely to happen, the appellate ct decides the issue or sends it back to district?

Crom
10-10-2011, 2:25 PM
Basically some briefs will be filed with the court, a case management schedule will be established and agreed upon and then oral arguments will be scheduled. Once the court hears the arguments, the court will affirm or reverse the lower courts ruling.

I think both Richards and Peruta have had their schedules set... I think there is some action scheduled in November for Peruta, can't remember, must find link...

Looking forward to the new brief in Richards.

The Appeals Process (http://wiki.calgunsfoundation.org/index.php/Litigation_Past_and_Present#The_Appeals_Process)


Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.

Although some cases are decided on the basis of written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time usually about 15 minutes to present arguments to the court.

The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit.

Wherryj
10-10-2011, 4:34 PM
The reply brief in Richards is due shortly.

-Gene

It appears that CA politicians are entirely committed to protecting the job security of all of the lawyers at CGF/2AF/NRA.

hoffmang
10-10-2011, 7:12 PM
It appears that CA politicians are entirely committed to protecting the job security of all of the lawyers at CGF/2AF/NRA.

CA State keeps running up bills for Counties to pay. More power to 'em.

-Gene

yellowfin
10-10-2011, 7:27 PM
I guess the attorneys should demand a stadium or other piece of property as payment--a check that big is probably going to bounce if it comes from a CA municipality.

Rossi357
10-10-2011, 8:07 PM
I guess the attorneys should demand a stadium or other piece of property as payment--a check that big is probably going to bounce if it comes from a CA municipality.

Change Petco Park to Second Amendment Park.

Liberty1
10-10-2011, 8:16 PM
CA State keeps running up bills for Counties to pay. More power to 'em.

-Gene

Yolo can handle it. What's a mere million to share between Messrs Gura, Kilmer, & Davis? Yolo is rolling in tax receipts: http://sacramento.cbslocal.com/2011/03/01/yolo-county-sheriff-layoffs-jobs-9/

freonr22
10-10-2011, 8:39 PM
Liberty, in that article, If its accurate, they indicate a $2.8 budget deficit. that's 2 dollars and 80 cents. Maybe my phone read it wrong

pointedstick
10-10-2011, 8:44 PM
Liberty, in that article, If its accurate, they indicate a $2.8 budget deficit. that's 2 dollars and 80 cents. Maybe my phone read it wrong

Nah, just some sterling journalism!

Liberty1
10-10-2011, 9:10 PM
Liberty, in that article, If its accurate, they indicate a $2.8 budget deficit. that's 2 dollars and 80 cents. Maybe my phone read it wrong

And yet they lost 10 deputies. That's about $0.28 per deputy/year!!!

hoffmang
10-10-2011, 9:35 PM
And yet they lost 10 deputies. That's about $0.28 per deputy/year!!!

Because people are safer when they disarm the law abiding at the expense of deputies on the streets!

-Gene

monk
10-10-2011, 10:14 PM
Because people are safer when they disarm the law abiding at the expense of deputies on the streets!

-Gene



Mexico has proven that.

hoffmang
10-10-2011, 10:36 PM
Mexico has proven that.

Ya know... I was being facetious and then it hit me. The best way a lot of these jurisdictions can cut crime is to have Alan Gura come to town, run up a big bill against them, win, and then get paid. Just look at Chicago and DC after he beat them in litigation. Crime rates in both fell faster than the rest of the US!

Alan Gura as the confounding variable. Kleck would be proud. Heh.

-Gene