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Shepard v. Madigan - Orals - 10/3/2013


skinnyb82

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Todd suggested I start a thread. The opinion should be out soon. If it's over 4 pages we've got problems. Over 8 and we're screwed. Just listen to this, I had to so you better too *grin*. Just listen to Posner's ego take over.

 

http://media.ca7.uscourts.gov/sound/external/sp.13-2661.13-2661_10_03_2013.mp3

 

Sent from my SCH-R530U using Tapatalk 2

 

 

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They can't take 5 years... The FCCA gave them a finite amount of time...

 

Sent from my SGH-I747 using Tapatalk 4

 

 

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Sounds like Posner has Pre Judged this....... he does not even let Thomas finish his thought and is essentially acting as the attorney for the state........apparently just being a judge is an automatic license to be rude and prejudiced.......the IL states attorney could stay home on this one, Posner is doing their work for them.
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They can't take 5 years... The FCCA gave them a finite amount of time...

 

Sent from my SGH-I747 using Tapatalk 4

True. But no penalties if they fail. Just like 30 days to issue FOID. What do they care?

 

You get the jist from the audio but it was much worse to actually be there.

 

ETA crap, everybody beat me to my first sentence.

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On behalf of Todd, his over/under is 4 pages. If it's 4 pages, then we're fine. If more than 8, we're screwed in a bad way.

 

Sent from my SCH-R530U using Tapatalk 2

 

Todd thinks that if it's under 4 pages, it will be short, and won't change the situation much. If it's over 4 pages, then the majority opinion may have a lot more detail and set precedent that we won't like. The additional precedent(s) being set is the big danger.

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Not sure why they even heard it, if this was the point. Why not just not accept their appeal and let the moot ruling stand?

 

This is why the legal system here confounds so many in this country. I mean if you are a judge and believe that they lower courts ruled properly (and not just properly, but so properly you dont let the lawyer speak) why even take the appeal. Very strange. Totally sounds like the mind was already made up, why even bother?

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The biggest problem with the way things went today, IMHO, is that prior to today, the state and the city may have been somewhat afraid of how things could potentially go for them in court. For example, look how the SAs are reluctant with UUW.

 

After Posner laid into our attorney, the attorney representing the state strutted up to the podium, took a fraction of his allotted time, and sat down, with total confidence.

 

That confidence is going to be seen in the future behavior of the state and of northern municipalities.

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