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Shepard update 4/13


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#1 Tvandermyde

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Posted 13 April 2012 - 01:28 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. . .
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#2 Gunslinger

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Posted 13 April 2012 - 01:29 PM

Awesome! First good news this side of the Mississippi in a while.
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#3 scough

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Posted 13 April 2012 - 01:33 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...

#4 TyGuy

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Posted 13 April 2012 - 01:58 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?
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#5 willxjcherokee

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Posted 13 April 2012 - 02:04 PM

My unlawyer brain doesn't understand but I'm happy if Todd is happy!

#6 Tvandermyde

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Posted 13 April 2012 - 02:08 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
While a 9 mm or .40 caliber bullet may or may not expand, it is an undeniable fact that a .45 caliber bullet will never shrink.

#7 TyGuy

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Posted 13 April 2012 - 02:13 PM

Please excuse my ignorance, but what is the advantage to us of combining the cases?
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#8 willxjcherokee

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Posted 13 April 2012 - 02:16 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.

#9 TyGuy

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Posted 13 April 2012 - 02:18 PM

Wouldn't that be putting all of our cartridges in one magazine (or eggs in basket)?
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#10 TyGuy

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Posted 13 April 2012 - 02:20 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.
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#11 TyGuy

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Posted 13 April 2012 - 02:38 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.
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#12 wilessiuc

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Posted 13 April 2012 - 03:06 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.
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#13 GarandFan

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Posted 13 April 2012 - 04:00 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.
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#14 Tvandermyde

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Posted 13 April 2012 - 04:09 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
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#15 sirflyguy

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Posted 13 April 2012 - 04:10 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.
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#16 TyGuy

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Posted 13 April 2012 - 05:41 PM

What election?
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#17 dmefford

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Posted 13 April 2012 - 06:23 PM

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
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#18 drdoom

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Posted 13 April 2012 - 06:31 PM

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


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#19 Mark C.

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Posted 13 April 2012 - 07:02 PM

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.
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#20 willxjcherokee

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Posted 13 April 2012 - 07:11 PM

This could make madiganistan fall.
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#21 JackTripper

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Posted 13 April 2012 - 07:40 PM

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.
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#22 laststate2havecarry

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Posted 13 April 2012 - 07:57 PM

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?

#23 TyGuy

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Posted 13 April 2012 - 08:00 PM

Court case time line, sometime before 2038.
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#24 wilessiuc

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Posted 13 April 2012 - 08:50 PM

My guess is a decision from the 7th in 2014, and case is appealed to SCOTUS no matter who prevails.
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#25 Satatic

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Posted 13 April 2012 - 09:18 PM

How long have "they" been saying to just wait patiently and saying maybe next week yadda yadda, like 40 years?

#26 Tvandermyde

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Posted 13 April 2012 - 09:20 PM

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
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#27 Sigma

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Posted 14 April 2012 - 06:11 AM

Remember the 7th circuit gave us ezell and put the smack down on chicago. "too cute by half
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#28 05FLHT

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Posted 14 April 2012 - 06:23 AM

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.mdshooter...?t=57917&page=5

Attached File  12-Sheppard Opening Brief.pdf   1.06MB   212 downloads
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#29 junglebob

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Posted 14 April 2012 - 06:53 AM

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.
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#30 TyGuy

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Posted 14 April 2012 - 08:53 AM

I was totaly kidding. ;-)
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