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View Full Version : Any news in Drake v. Filko carry case challenging May Issue in NJ?


Paladin
11-12-2013, 5:46 AM
We lost in CA3 and, IIRC, our side has only ~2 weeks left in order to ask for cert.

fizux
11-12-2013, 6:44 AM
Not that I've seen, but I haven't checked that case in pacer since the panel opinion.

fizux
11-12-2013, 11:16 AM
I just checked PACER. Last entry was the Mandate issued 9/4/2013; the entry is in the RECAP docket (but the 3 documents were not). Docket:
http://ia601703.us.archive.org/3/items/gov.uscourts.ca3.12-1150/gov.uscourts.ca3.12-1150.docket.html

I'll start a litigation status thread... Hopefully, it doesn't turn into another "cert denied" waste of time.

Petition for rehearing was denied on 8/27/2013, so the deadline to petition for cert is 90 days later on 11/25/2013. (Note that the trigger is "not from the issuance date of the mandate" -- see SCOTUS Rule 13(3): http://www.law.cornell.edu/rules/supct/rule_13

Paladin
11-12-2013, 1:56 PM
IIRC, there's a SCOTUS conference within the first two weeks of Dec, so we should know by Dec 16th if we're getting another piece of coal for Christmas....

press1280
11-12-2013, 2:26 PM
Gura has asked for a delay to request cert.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13a468.htm
This would almost guarantee the case won't get heard until next term.

Gray Peterson
11-12-2013, 3:12 PM
Gura has asked for a delay to request cert.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13a468.htm
This would almost guarantee the case won't get heard until next term.

Justice Alito granted it.

Paladin
11-12-2013, 5:50 PM
Justice Alito granted it.Yes. The entry says,

Nov 6 2013 Application (13A468) granted by Justice Alito extending the time to file until January 9, 2014. (emphasis added)

Calendar marked....

Paladin
11-13-2013, 12:11 AM
Gura has asked for a delay to request cert.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13a468.htm
This would almost guarantee the case won't get heard until next term.I wonder if Gura's request for an extension has anything to do with:
http://www.calguns.net/calgunforum/showthread.php?t=851018

I wonder if Gura somehow got the notion that CA9 will release its opinion in Richards-Peruta this year, and thus wants to be able to add that opinion to his Drake cert. request.

press1280
11-13-2013, 3:02 AM
I think so too. We're still looking for a solid circuit split in regards to may issue licensing.

fizux
11-13-2013, 9:30 AM
Thanks press1280 & Gray for the updates. I hadn't checked SCOTUS docket.

I wonder if Gura's request for an extension has anything to do with:
http://www.calguns.net/calgunforum/showthread.php?t=851018 (http://www.calguns.net/calgunforum/showthread.php?t=851018)
I wonder if Gura somehow got the notion that CA9 will release its opinion in Richards-Peruta this year, and thus wants to be able to add that opinion to his Drake cert. request.
In filing his application for an extension of time on 11/1/2013, I don't think that Mr. Gura considered the 11/12/2013 stay in Hutchens (and flyonwall's optimistic assessment of the underlying reasons).

Paladin
11-13-2013, 2:06 PM
In filing his application for an extension of time on 11/1/2013, I don't think that Mr. Gura considered the 11/12/2013 stay in Hutchens (and flyonwall's optimistic assessment of the underlying reasons).

A little of both. This panel was ready to decide, then Nichols got stayed and now this stay. ....

When did Nichols get stayed? Gura may have acted based upon the stay in that case.

If Gura's request for a cert. extension in Drake isn't based upon Nichols getting a stay, why is he requesting it? IIRC, he didn't request an extension w/any of his other cert. requests.

Could Gura have gotten a hint somehow (judges? clerks? others?), that CA9 wants to get Richards-Peruta out this year?

press1280
11-13-2013, 2:47 PM
Are stays indicative that an opinion is right around the corner? I kind of doubt it, but maybe.

IMO Gura is interpreting the SCOTUS denials as lack of a circuit split.

fizux
11-14-2013, 11:46 AM
Are stays indicative that an opinion is right around the corner? I kind of doubt it, but maybe.

IMO Gura is interpreting the SCOTUS denials as lack of a circuit split.
... or maybe I think that Alan Gura thinks that SCOTUS thinks 9CA will think something in their decision, so SCOTUS is waiting for 9CA to opine, thus Alan Gura is waiting. We all know where that logic is going, but as Chief Judge Magruder used to say, "there is no harm in asking." Samms v. Eccles (http://scholar.google.com/scholar_case?case=596399327671155827), 11 Utah 2d 289 (1961).

It's not a secret that Richards, Peruta, and Baker are submitted at the 9th, with McKay, Nichols, etc., in the pipeline, and 9CA has the highest percentage of the "may issue" population in the USA.

Kharn
11-14-2013, 4:08 PM
Given the current lack of definite splits, delay is the best option to preserve our current cases until something compelling happens.

press1280
11-15-2013, 6:39 AM
Given the current lack of definite splits, delay is the best option to preserve our current cases until something compelling happens.

Agreed.....HOWEVER, our justices are not getting younger. If one gets sick and has to suddenly retire......we will be screwed.