Tvandermyde Posted April 13, 2012 at 07:28 PM Share Posted April 13, 2012 at 07:28 PM The state filed a motion to stay Shepard pending Moore at the appellate level. We objected to it. I just received word the state's motion was denied. Additionally, We filed a motion to have the two cases combined and it was granted we will now be heard with Moore we have filed our brief in the appeal and await the state's response Good news all the way around Now back to my regularlly scheduled vacation. . . Link to comment Share on other sites More sharing options...
Gunslinger Posted April 13, 2012 at 07:29 PM Share Posted April 13, 2012 at 07:29 PM Awesome! First good news this side of the Mississippi in a while. Link to comment Share on other sites More sharing options...
scough Posted April 13, 2012 at 07:33 PM Share Posted April 13, 2012 at 07:33 PM The state filed a motion to stay Shepard pending Moore at the appellate level. We objected to it. I just received word the state's motion was denied. Additionally, We filed a motion to have the two cases combined and it was granted we will now be heard with Moore we have filed our brief in the appeal and await the state's response Good news all the way around Now back to my regularlly scheduled vacation. . . I have no idea what this means, but nice to see a little good news for a change... Link to comment Share on other sites More sharing options...
TyGuy Posted April 13, 2012 at 07:58 PM Share Posted April 13, 2012 at 07:58 PM I have no idea what this means, but nice to see a little good news for a change...+1 Not a lawyer either, but if Todd's happy then I'm happy. Why does combining the cases help? Anyone, anyone? Bueller? Link to comment Share on other sites More sharing options...
willxjcherokee Posted April 13, 2012 at 08:04 PM Share Posted April 13, 2012 at 08:04 PM My unlawyer brain doesn't understand but I'm happy if Todd is happy! Link to comment Share on other sites More sharing options...
Tvandermyde Posted April 13, 2012 at 08:08 PM Author Share Posted April 13, 2012 at 08:08 PM Denying the states motion means we dont get put on hold Combining the cases means they will be heard together with devided time at orals more than likely It also means that despite the lateness of our ruling we are not behind Moore we are starting at the appellate level at the same time neither case is in front of the other. A ruling on either will be a ruling for both and we are closer to SCOTUS no matter who looses there will be an appeal unless we were to win the appeal and the AG decided not to fight it any longer Link to comment Share on other sites More sharing options...
TyGuy Posted April 13, 2012 at 08:13 PM Share Posted April 13, 2012 at 08:13 PM Please excuse my ignorance, but what is the advantage to us of combining the cases? Link to comment Share on other sites More sharing options...
willxjcherokee Posted April 13, 2012 at 08:16 PM Share Posted April 13, 2012 at 08:16 PM Please excuse my ignorance, but what is the advantage to us of combining the cases?Seems like one ruling decides the other. Since they go at same time. Link to comment Share on other sites More sharing options...
TyGuy Posted April 13, 2012 at 08:18 PM Share Posted April 13, 2012 at 08:18 PM Wouldn't that be putting all of our cartridges in one magazine (or eggs in basket)? Link to comment Share on other sites More sharing options...
TyGuy Posted April 13, 2012 at 08:20 PM Share Posted April 13, 2012 at 08:20 PM I'm not saying that it's the RIGHT call. I'm saying that I don't understand the law so I don't know why this is a good or bad thing. It's a question out of ignorance not out of debate. Link to comment Share on other sites More sharing options...
TyGuy Posted April 13, 2012 at 08:38 PM Share Posted April 13, 2012 at 08:38 PM I can't find the edit button. That should read: I'm not saying that it's not the RIGHT call. I'm saying that I don't understand the law so I don't know why this is a good or bad thing. It's a question out of ignorance not out of debate. Link to comment Share on other sites More sharing options...
wilessiuc Posted April 13, 2012 at 09:06 PM Share Posted April 13, 2012 at 09:06 PM Wouldn't that be putting all of our cartridges in one magazine (or eggs in basket)?Both cases are getting appealed to the same court (7th Circuit Court of Appeals), so it makes logistical sense to combine them. Same issue(s) in both cases, same judges deciding both, so they might as well hear them together. Link to comment Share on other sites More sharing options...
GarandFan Posted April 13, 2012 at 10:00 PM Share Posted April 13, 2012 at 10:00 PM A ruling on either will be a ruling for both and we are closer to SCOTUS no matter who looses there will be an appeal unless we were to win the appeal and the AG decided not to fight it any longer And the question that shall eventually end up at the Supreme Court is this: Does "the right of the people to keep and bear arms", as stated in the constitution, mean that "the people have the right to bear arms?" Remember ... the "keep" part of the guarantee has now (finally) been affirmed. Next up is affirmation of the "bear" part of the guarantee. Heller made it clear that the second amendment protects two rights ... the right to keep, and the right to bear, arms. Link to comment Share on other sites More sharing options...
Tvandermyde Posted April 13, 2012 at 10:09 PM Author Share Posted April 13, 2012 at 10:09 PM Actually, does thw right to bear arms extend outside one's home and into public places. As to why this is good, some feel that Mary Shepard is a better platiff with a better set of facts. More sympathetic in the eyes of the court Link to comment Share on other sites More sharing options...
sirflyguy Posted April 13, 2012 at 10:10 PM Share Posted April 13, 2012 at 10:10 PM A ruling on either will be a ruling for both and we are closer to SCOTUS no matter who looses there will be an appeal unless we were to win the appeal and the AG decided not to fight it any longer And the question that shall eventually end up at the Supreme Court is this: Does "the right of the people to keep and bear arms", as stated in the constitution, mean that "the people have the right to bear arms?" Remember ... the "keep" part of the guarantee has now (finally) been affirmed. Next up is affirmation of the "bear" part of the guarantee. Heller made it clear that the second amendment protects two rights ... the right to keep, and the right to bear, arms.Which is why this upcoming election is SO crucial. Link to comment Share on other sites More sharing options...
TyGuy Posted April 13, 2012 at 11:41 PM Share Posted April 13, 2012 at 11:41 PM What election? Link to comment Share on other sites More sharing options...
dmefford Posted April 14, 2012 at 12:23 AM Share Posted April 14, 2012 at 12:23 AM This is a really good deal... The cases are similar issues with the defendant, Madigan, the same in both cases. You must realize a lot can hang on this. If the 7th reaches out to remove a complete ban on the public carry arms, similar to North Carolina, Maryland and couple other cases last month there is the potential real explosive decompression of the Chicago Machine's bubbles and power..... Almost makes you drool to dream about that... However coming back to reality we will just have to wait and see what transpires....... Some real possibilities though... Regards, Drd Link to comment Share on other sites More sharing options...
drdoom Posted April 14, 2012 at 12:31 AM Share Posted April 14, 2012 at 12:31 AM This is a really good deal... The cases are similar issues with the defendant, Madigan, the same in both cases. You must realize a lot can hang on this. If the 7th reaches out to remove a complete ban on the public carry arms, similar to North Carolina, Maryland and couple other cases last month there is the potential real explosive decompression of the Chicago Machine's bubbles and power..... Almost makes you drool to dream about that... However coming back to reality we will just have to wait and see what transpires....... Some real possibilities though... Regards, Drd Can you picture it now? A hot summer day on the magnificent mile, open-carrying your choice of revolver or auto and the criminal aldermen having nothing to do about it? Link to comment Share on other sites More sharing options...
Mark C. Posted April 14, 2012 at 01:02 AM Share Posted April 14, 2012 at 01:02 AM I feel that this is the best case scenario. There is no need to argue 2 cases in the same circuit. If there are 2 in CA7, putting SAF legal expertise with the very sympathetic plaintiff of Ms Sheppard seems like a Perfect Storm! I'm positive with this as well. The penultimate goal is a persuasive Circuit Split for SCOTUS. Link to comment Share on other sites More sharing options...
willxjcherokee Posted April 14, 2012 at 01:11 AM Share Posted April 14, 2012 at 01:11 AM This could make madiganistan fall.WOOI am sitting here reading and practicing mag changes on my AR while my lady is getting ready to go out. Link to comment Share on other sites More sharing options...
JackTripper Posted April 14, 2012 at 01:40 AM Share Posted April 14, 2012 at 01:40 AM Issue that is being overlooked here, is that the SAF lawyers & the NRA lawyers don't really get along.Hopefully they can bury the hatchet. Link to comment Share on other sites More sharing options...
laststate2havecarry Posted April 14, 2012 at 01:57 AM Share Posted April 14, 2012 at 01:57 AM What is the anticipated time-line for the consolidated case as it moves forward?Meaning.... how long before the case is heard?How long before we have a ruling?How does this proceed from here?If we lose at the 7th Circuit level, I know we would appeal, so long as the current SCOTUS remained.If Chicago/Illinois loses do you think they would push it to SCOTUS or just let it go, since Illinois is the only state with this problem? Link to comment Share on other sites More sharing options...
TyGuy Posted April 14, 2012 at 02:00 AM Share Posted April 14, 2012 at 02:00 AM Court case time line, sometime before 2038. Link to comment Share on other sites More sharing options...
wilessiuc Posted April 14, 2012 at 02:50 AM Share Posted April 14, 2012 at 02:50 AM My guess is a decision from the 7th in 2014, and case is appealed to SCOTUS no matter who prevails. Link to comment Share on other sites More sharing options...
Satatic Posted April 14, 2012 at 03:18 AM Share Posted April 14, 2012 at 03:18 AM How long have "they" been saying to just wait patiently and saying maybe next week yadda yadda, like 40 years? Link to comment Share on other sites More sharing options...
Tvandermyde Posted April 14, 2012 at 03:20 AM Author Share Posted April 14, 2012 at 03:20 AM Both SAF and NRA have filed their briefs. Now we will see how incompetent the AGs attorneys are. They took for ever answering the complainta and asked for more time. But they were quick to file a notice of supplimental authority when another case in another state went their way. Will know more monday Link to comment Share on other sites More sharing options...
Sigma Posted April 14, 2012 at 12:11 PM Share Posted April 14, 2012 at 12:11 PM Remember the 7th circuit gave us ezell and put the smack down on chicago. "too cute by half Link to comment Share on other sites More sharing options...
05FLHT Posted April 14, 2012 at 12:23 PM Share Posted April 14, 2012 at 12:23 PM The Shepard opening brief was posted on MdShooter by Al Norris - The Sheppard opening brief is attached. Just got it and haven't read it. http://www.mdshooters.com/showthread.php?t=57917&page=5 12-Sheppard Opening Brief.pdf Link to comment Share on other sites More sharing options...
junglebob Posted April 14, 2012 at 12:53 PM Share Posted April 14, 2012 at 12:53 PM What election? You're kidding of course. But for those in total seclusion without internet, radio, tv, newspaper or contact with individuals in the outside world, this November is the presidential election. The president nominates supreme court judges to fill vacancies that occur. Link to comment Share on other sites More sharing options...
TyGuy Posted April 14, 2012 at 02:53 PM Share Posted April 14, 2012 at 02:53 PM I was totaly kidding. ;-) Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.