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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #41  
Old 09-08-2017, 2:36 PM
AdamVIP AdamVIP is offline
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Whats the turn around time for state cases like this. Are we looking at a year process or a 5 year process?
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  #42  
Old 09-08-2017, 2:42 PM
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Originally Posted by AdamVIP View Post
Whats the turn around time for state cases like this. Are we looking at a year process or a 5 year process?
According to this document I found, which outlines the Appeals process in the 5th, with estimated timelines, it looks like one should expect a typical appeal to take about 6-9 months from start to finish.

https://www.capcentral.org/procedure...STNDAppeal.pdf

But of course, some of the processes don't have deadlines, so it could always take infinitely longer than that.
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  #43  
Old 09-08-2017, 2:53 PM
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According to that document, this is a "general outline" of "typical" appeals cases in the 5th. So it's of limited value, but gives us at least some idea of what happens:
  1. Preparation of transcripts - 1 to 6+ months
  2. Appellant's Opening Brief - 0 to 1 month (plus extensions, if requested/granted)
  3. Respondent's brief - 1 to 2 months
  4. Appellant's reply brief - 0 to 20 days
  5. Oral argument - 0 to any number of months ("usually a few", they say)
  6. Opinion - a few days to as much as 3 months

So according to that, it could be as short as 2 or 3 months, more likely it would be around 6-9 months, but it could be as long as, well... forever.
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  #44  
Old 09-08-2017, 2:55 PM
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But of course, that's just the 5th CA court of appeals, there's still the district court before it, and the CA supreme court after it, so the whole thing could potentially take a number of years to finish.

But we've seen "more urgent matters", like gay wedding cakes, zoom through the court system in mere weeks, so you never know.

Last edited by cockedandglocked; 09-08-2017 at 2:57 PM..
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  #45  
Old 09-08-2017, 2:57 PM
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Who knows how long it'll take! The anti-gunners will do anything to slow down the appeals until or after the new regs goes into full force. Then they argue it's too late to stop it.

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  #46  
Old 09-14-2017, 2:13 PM
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Originally Posted by cockedandglocked View Post
But of course, that's just the 5th CA court of appeals, there's still the district court before it, and the CA supreme court after it, so the whole thing could potentially take a number of years to finish.

But we've seen "more urgent matters", like gay wedding cakes, zoom through the court system in mere weeks, so you never know.
I just hope we get some form of an injunction prior to Christmas. I'm curious if an injunction is granted how it impacts the law as a whole.
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  #47  
Old 09-19-2017, 2:49 PM
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I just hope we get some form of an injunction prior to Christmas. I'm curious if an injunction is granted how it impacts the law as a whole.
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  #48  
Old 10-10-2017, 11:00 AM
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Originally Posted by Sousuke View Post
I just hope we get some form of an injunction prior to Christmas. I'm curious if an injunction is granted how it impacts the law as a whole.
Not likely. The DOJ was served on Sept. 14, 2017, so their answer or demurer is not yet due. It will be interesting to read whatever they file, once it has been filed. The only hearing that has been set is a Case Management Conference, which is set for Jan. 8, 2018 at 10AM.
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Old 10-10-2017, 12:27 PM
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Originally Posted by Hooligan View Post
The cost of defense should come from the personal account of the bill sponsor. That should stop a lot of these senseless laws.
That would be nice, but of course the politicians enacted laws that exempt them from any liability resulting from the lawmaking process.
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  #50  
Old 10-17-2017, 2:32 PM
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Not likely. The DOJ was served on Sept. 14, 2017, so their answer or demurer is not yet due. It will be interesting to read whatever they file, once it has been filed. The only hearing that has been set is a Case Management Conference, which is set for Jan. 8, 2018 at 10AM.
Their 30 days to answer or demurer is up and there is nothing new on the court's website. Would be nice to get an update from Michel & Associates.
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