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View Full Version : Woolard: May 23 hearing re stay of judgment still on???


Paladin
05-14-2012, 7:15 PM
Title pretty much says it all.

For newbies: a federal trial court judge declared that self-defense is adequate Good Cause for getting a Maryland concealed carry permit.

hoffmang
05-14-2012, 9:30 PM
I have heard nothing to contradict that the Woolard schedule is being held to.

-Gene

Paladin
05-15-2012, 7:38 AM
I have heard nothing to contradict that the Woolard schedule is being held to.

-Gene
Well, that's some good news. Looking forward to hearing how it goes.

Al Norris
05-15-2012, 7:22 PM
On March 30th, Judge Legg issued his clarification (http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.63.0.pdf). This not only included the permanent injunction, but also a temporary stay on the injunction. A very fast briefing schedule was placed into play, in order for the Judge to decide if the stay was permanent (until the decision by the 4th) or if no stay was justified.

Since Judge Legg issued his order, the State had to file its appeal (which it had yet to do) in order to make a proper motion to stay the injunction while at appeal. The State did this on April 2nd.

On April 19th, the State made its opening brief (http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.68.0.pdf) in justifying the stay.
On May 9th, Woolard responded (http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.69.0.pdf) in opposition.
On May 23rd, the State will make its reply brief.

At that point, Judge legg will take the matter into consideration and issue his ruling - which most expect to be made quickly. There will be no hearing.

Meanwhile, the appeal goes on. That briefing schedule is as follows:
Appendix/Opening Brief: 6/15/2012
Pltf Response Brief: 7/16/2012
MD Optional Reply: 7/30/2012

Should Judge Legg deny the stay (which even money says he will), it is expected that MD will ask the 4th for a stay. This will not impact the actual appeals process at all, as it is handled by a separate panel of Judges. This motions panel will give Judge Leggs reasonings for not granting the stay a very hard look.

This is why Judge Legg is going through the entire process. He wants every "i" dotted and "t" crossed. Chances are good that the motions panel will abide by whatever decision Judge Legg has made, as regards the stay.

So far, MD has not made any kind of showing that they are likely to succeed at appeal on the merits of reversal. This is one of the criteria for issuing a stay. Whatever case they might make in their reply brief, it will not hold as much weight as if they had done this in their opening brief. They flubbed it. Gura knows it and made several remarks about that in his response.

Now, some of you might be thinking that the State will ask for extra time. That would be a real stupid mistake, after trying to get a stay (whether or not they actually get one). The motions panel will most likely deny an extension. Gura will definitely oppose such, on the grounds that by asking for a stay, time must be of essence.

Unless there is a conflict in timing within the court itself, things will proceed as outlined, above.

choprzrul
05-15-2012, 7:50 PM
Gura: Chess, not checkers....

.

Paladin
05-17-2012, 7:44 AM
...

On May 23rd, the State will make its reply brief.[/list]

At that point, Judge legg will take the matter into consideration and issue his ruling - which most expect to be made quickly. There will be no hearing.

Meanwhile, the appeal goes on. That briefing schedule is as follows:
Appendix/Opening Brief: 6/15/2012
Pltf Response Brief: 7/16/2012
MD Optional Reply: 7/30/2012

...

Unless there is a conflict in timing within the court itself, things will proceed as outlined, above.
Thanks for the update.

Seems like this fall will be exciting: Wollard, Nordyke, and SCOTUS deciding to take a carry case, or not.

press1280
05-17-2012, 1:38 PM
It's probably going to be an exciting summer.....not only the cases you mention but also Hightower(CA1) and Moore/Shepherd(CA7) orals beginning of June.

radioman
05-17-2012, 3:22 PM
We in California "may" some day have gun rights again. I hope this goes all the way, this may be the case to do away with "may". the 58 having to go shall, now that would be fun to see.

command_liner
05-23-2012, 6:05 AM
Well, what is the word?

spiderpigs
05-23-2012, 6:26 AM
Well, what is the word?

http://images4.fanpop.com/image/quiz/533000/533945_1296671443572_371_300.jpg

couldnt resist

boxcab
05-23-2012, 8:48 AM
The filing typicaly happens at the end of the business day, 4 or 5 pm ET, then it's a matter of getting it posted and may not show for anywhere from a few minutes (common) to a few days (very uncommon). It is a very busy time for Gura and crew, early June will be a real road show for them.... new town each day.

Al Norris
05-23-2012, 7:14 PM
See this thread (http://www.calguns.net/calgunforum/showthread.php?t=543946) for details on the supplemental briefing by the State.

Paladin
05-24-2012, 4:37 AM
See this thread (http://www.calguns.net/calgunforum/showthread.php?t=543946) for details on the supplemental briefing by the State.
Thanks for the update.

Any idea on when the judge will make his decision re. the stay?

Al Norris
05-24-2012, 9:12 AM
I think it will be a quick decision. say ...:twoweeks: