PDA

View Full Version : Update on Pena/Nordyke?


advocatusdiaboli
07-10-2012, 10:02 AM
Last I heard, Pena is waiting for Nordyke (2012-06-11). Nordyke has been drifting sideways for a long time it seems to me. Anyone have an update? Is there a good source for getting updates on related suits?

eville
07-10-2012, 11:45 AM
The CGF Wiki would be the best place to ge updates periodically.
http://wiki.calgunsfoundation.org/Litigation_Past_and_Present

littlejake
07-11-2012, 8:53 AM
I read it. Sure looks like Nordyke went sideways. So, when do we move forward with Peña v. Cid? Or choose another avenue of attack on the roster?

advocatusdiaboli
07-11-2012, 12:52 PM
I read it. Sure looks like Nordyke went sideways. So, when do we move forward with Peņa v. Cid? Or choose another avenue of attack on the roster?

I know really. It's settled but it's not? Nordyke is listed as having won but the disposition says: "MIXED / ONGOING ARGUMENTS". What the heck does that mean? That all the cases now tied to it are in permanent limbo with it? Sound and fury signifying nothing?

Sturnovik
07-11-2012, 12:55 PM
Id love to know its outcome since its against the roster if I recall?

Wish these legal processes didn't take so long!

littlejake
07-11-2012, 2:50 PM
Id love to know its outcome since its against the roster if I recall?

Wish these legal processes didn't take so long!

Peņa v. Cid is against the Roster. Four plaintiffs using four avenues of attack that were the key to Heller. To my novice legal opinion, it's a good case. But, if it's in limbo, there must be other avenues.

Sturnovik
07-11-2012, 5:02 PM
Peņa v. Cid is against the Roster. Four plaintiffs using four avenues of attack that were the key to Heller. To my novice legal opinion, it's a good case. But, if it's in limbo, there must be other avenues.

Yea I figured it was that one. This one and the SB249 I've been keeping an eye on. The fact it was mentioned that its won but pending arguments or something really made me confused. Apparently its not as cut and dry as I thought.

Crom
07-11-2012, 8:12 PM
Nordyke was lost, but only yesterday did it finally end. I can check status of Pena tomorrow unless someone beats me to it. I try to update the wiki at least once a month or so.

Crom
07-12-2012, 5:24 AM
I suspect that Pena should have the stay lifted soon.

Both sides in Pena had requested a continuance of the stay pending the post-disposition motions in Nordyke. But as I said (credit to Fabio) the court denied those motions on July 10th, so Nordyke is finally done.

The short version is there is no reason to not lift the stay in Pena now.

advocatusdiaboli
07-12-2012, 5:45 AM
Nordyke was lost, but only yesterday did it finally end. I can check status of Pena tomorrow unless someone beats me to it. I try to update the wiki at least once a month or so.

Sorry to hear. Does that mean we lose Pena and the other cases waiting on it? I know someone will say "not necessarily" but the course piled them up for a reason so they could knock them down like dominos. They wanted an easy string of defeats without the risk of tripping over themselves in multiple detailed opinions that could later be used against them maybe?

Crom
07-12-2012, 5:54 AM
No. The cases that were stayed pending Nordyke are independent of each other, they each have their own legal arguments / controversies. The reason for the stays are because the courts wait to see what another court will do if there is a chacne it may impact the 2A right. It's called Judicial economy as I understand it. Nordyke's ruling did not impact the 2A right in anyway, it turns out it wasn't even an issue. Therefore all the other cases will/should be moving forward now.

The stays on Richards and Peruta were lifted last month on June 19th. (http://www.calguns.net/calgunforum/showthread.php?t=588214)