Time Limit on En Banc?

[Go Navy]

What's the time limit, if any, for the 9th Circus calling for an "En Banc" review of Peruta? Hasn't that time period now passed?

[Hanse Davion]

They are not deciding en banc at the moment, they are first deciding if the AG will have intervenor status.

[kaligaran]

They are not deciding en banc at the moment, they are first deciding if the AG will have intervenor status.

I had the same question as the OP but for this. Can they wait, months, years to determine if the AG can do this?

[RobertMW]

I had the same question as the OP but for this. Can they wait, months, years to determine if the AG can do this?

Lets just say, yes.

They are a Tier of judges that is second only to the Supreme court of the US. They basically get to make their own rules.

[Go Navy]

It was my understanding, and I'm not a lawyer, that the court itself can choose En Banc proceedings, but that there is some kind of time limit? Are we saying there is no time limit, that the court could go En Banc 5 years from now? That doesn't seem reasonable, but then this is the 9th Circus.

Has the Attorney General requested intervenor status?

I was thinking that we might be out of the woods on Peruta by now.

[Master_P]

It was my understanding, and I'm not a lawyer, that the court itself can choose En Banc proceedings, but that there is some kind of time limit? Are we saying there is no time limit, that the court could go En Banc 5 years from now? That doesn't seem reasonable, but then this is the 9th Circus.

Has the Attorney General requested intervenor status?

I was thinking that we might be out of the woods on Peruta by now.

Yes, the AG has asked to intervene. We are waiting on the panel to issue a ruling on whether the AG may intervene. As others have said, they can take as long as they want to issue a ruling.

I believe once that is settled, the clock for en banc proceedings resumes. M&A has a flowchart that illustrates the en banc timeline. There's a lot of ifs and whats that can happen along the way, but IIRC it's something like 90 days when the clock starts until the request for en banc is granted/denied.

If en banc is granted, it could take a very long time to get re-heard and another opinion released. I'd wager 2-3 years.

[Go Navy]

Yes, the AG has asked to intervene. We are waiting on the panel to issue a ruling on whether the AG may intervene. As others have said, they can take as long as they want to issue a ruling.

I believe once that is settled, the clock for en banc proceedings resumes. M&A has a flowchart that illustrates the en banc timeline. There's a lot of ifs and whats that can happen along the way, but IIRC it's something like 90 days when the clock starts until the request for en banc is granted/denied.

If en banc is granted, it could take a very long time to get re-heard and another opinion released. I'd wager 2-3 years.

Thanks very much for that info; it's very helpful. If I may ask, what, or who, is "M&A"?

[Librarian]

Thanks very much for that info; it's very helpful. If I may ask, what, or who, is "M&A"?

Michel & Associates.

See the sticky in this (Litigation) forum for a link to their page on the Peruta case.

[Hanse Davion]

Flowchart- http://michellawyers.com/wp-content/...-Flowchart.pdf

En Banc Process- http://michellawyers.com/wp-content/...dure-Guide.pdf

[Hanse Davion]

Also, see- http://michellawyers.com/2014/nra-vi...rnia-ccw-case/

[El Toro]

As someone else pointed out in the Palmer thread, the waiting has a potential positive effect for our side. Since the panel in Palmer heavily cited Peruta, and other cases have and likely will, unravelling all those decisions with an en banc panel overturning Peruta will be very difficult and embarrassing. Peruta is currently the law of the 9CA, despite being somewhat toothless minus a writ of mandamus. But it is the law, and will continue to be used in other case law. This probably makes the antis crazy because we finally have some judges that have balls and they're playing Chess. The deeper the hole we dig, the harder it will be for activist judges to climb out. So sit back and smile, waiting on Peruta isn't that bad.

[Go Navy]

Hanse.....thanks for those links. No wonder us non-lawyers have struggled to understand this. I knew all along that the 9th Circus decision on Peruta was not the end of the issue.

What I didn't find in your links (and may have missed) is how the AG of Calif. has any standing to petition (the original panel, presumably) to "intervene"?

[FlyNShoot]

Except we remain illegally and unconstitutionally unable to defend ourselves.

That's all. Just a life or death thing.

[Matt_yz125]

Forgive my stupidity but if peruta is the law of the land why are some sheriff's not following it? They say it's not finalized?

[Maestro Pistolero]

Forgive my stupidity but if peruta is the law of the land why are some sheriff's not following it? They say it's not finalized?

The mandate that emanated from the ruling is temporarily stayed pending business before the court. But it is a valid, published opinion on which courts can rely, and have.