Queen v. Alvarez and Berlin

[Grey Beret]

 

I don't think it would include ALL FOID card holders. There are quite a few here on record as saying they would never come north of our very own Mason Dixon Line, LOL!

You can sure count me into that bunch. I didn't lose anything in Chicago and if I did, I wouldn't go looking for it.

[skinnyb82]

Also take note, this isn't just people who live in Cook and DuPage. The class also includes those who travel to Cook and DuPage. It could theoretically include ALL FOID card holders.

 

May be broader. Could include the whole country, limited to people who have the right to keep arms under the 2A.

 

I don't think it would include ALL FOID card holders. There are quite a few here on record as saying they would never come north of our very own Mason Dixon Line, LOL!

 

Functional word is "theoretically." I mean, I'm a member of the class because I head up there a couple times a year. To both counties actually. I have a lot of friends up there, I drive to DuPage, go to concerts in Cook (Aragon, Allstate, Congress, Vic's, etc.).

[TTIN]

 

I don't think it would include ALL FOID card holders. There are quite a few here on record as saying they would never come north of our very own Mason Dixon Line, LOL!

You can sure count me into that bunch. I didn't lose anything in Chicago and if I did, I wouldn't go looking for it.

I've seen Navy pier,Buckingham fountain, LSD, Wrigley Field, the old Cominsky Park,been downtown; emm I guess that's it. That's all I want to see.

[skinnyb82]

The only reason I go there is because a ton of my old college friends live up there. My best friend lives in gun friendly Todd-ville (Montgomery in Kendall County). A few of my ex's from college live in Cook (actually that's why I'm not married. She wanted to live in Chicago and I did not...dealbreaker.)

 

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[Fidelity Academy]

Everyone must do their part in this battle. We are proud to be able to help. Although we are getting close to the June deadline, we must all continue to stand and fight every single moment, and not stop for a moment. Folks such as Molly, Todd and many others have been working around the clock and not giving in - they deserve our thanks and our help. We are all in this together,north, south, all of us. One state - one law.

[Joeyl]

Good Luck Andre!!!

I also wish you good luck sir!!

[Beezil]

Everyone must do their part in this battle. We are proud to be able to help. Although we are getting close to the June deadline, we must all continue to stand and fight every single moment, and not stop for a moment. Folks such as Molly, Todd and many others have been working around the clock and not giving in - they deserve our thanks and our help. We are all in this together,north, south, all of us. One state - one law.

 

Go get 'em Andre!

[twjones]

I'm glad you guys like my handy work.

 

One down one more to go. . .

 

and thatnsk to Andre for agreeing to be a plantiff

 

Thanks Todd!

 

Everyone must do their part in this battle. We are proud to be able to help. Although we are getting close to the June deadline, we must all continue to stand and fight every single moment, and not stop for a moment. Folks such as Molly, Todd and many others have been working around the clock and not giving in - they deserve our thanks and our help. We are all in this together,north, south, all of us. One state - one law.

 

Thank you Andre!

[skinnyb82]

This is gonna get reaaaal good.

 

"05/22/2013 17 ATTORNEY Appearance for Defendant Anita Alvarez by Paul Anthony Castiglione (Castiglione, Paul) (Entered: 05/22/2013)" and a second Cook County ASA also filed a docket entry appearing on behalf of Alvarez, but Castiglione is lead on this...oh dear. Berlin has one of his ASAs representing him.

[Indigo]

This is gonna get reaaaal good.

 

"05/22/2013 17 ATTORNEY Appearance for Defendant Anita Alvarez by Paul Anthony Castiglione (Castiglione, Paul) (Entered: 05/22/2013)" and a second Cook County ASA also filed a docket entry appearing on behalf of Alvarez, but Castiglione is lead on this...oh dear. Berlin has one of his ASAs representing him.

 

Isn't Castiglione the yahoo who testified that the decision in Moore is only advisory since the Illinois Supreme Court hasn't ruled on the issue?

[BobPistol]

I'm definitely one of the class members, because I've lived in Crook County all my life.

[Davey]

This is gonna get reaaaal good.

 

"05/22/2013 17 ATTORNEY Appearance for Defendant Anita Alvarez by Paul Anthony Castiglione (Castiglione, Paul) (Entered: 05/22/2013)" and a second Cook County ASA also filed a docket entry appearing on behalf of Alvarez, but Castiglione is lead on this...oh dear. Berlin has one of his ASAs representing him.

 

Isn't Castiglione the yahoo who testified that the decision in Moore is only advisory since the Illinois Supreme Court hasn't ruled on the issue?

 

Ayup.

[skinnyb82]

Paul Castiglione, Esq. has his own ZoomInfo profile page and it's hilarious...

 

http://www.zoominfo....glione/92915594

 

Get a chuckle our of these gems, it says they're from Capitolfax but I seem to recall some of them originating here...I think, oh well they're funny. This Zalewski citation is straight up hilarious and I'd love to buy him a beer for this even though he wasn't as crude as one would be led to believe...

 

"Chicago Democrat Mike Zalewski said unless and until Castiglione has a different court order or legal opinion, he should keep his mouth shut."

 

"Judge Posner will teach Mr. Castiglione and others about how our federal system works."

 

"Castiglione must not be a scholar of Constitutional Law."

 

"The cost to all of us in Castiglione abiding by his threat is that the state and local government will be exposed to possible financial costs related to the legal liability inherent in that approach, i.e., a new law suit and punitive costs assessed by the federal court. Nice way to put taxpayers' dollars at risk."

 

He's also a legendary litigator, as per the IARDC:

 

Full Licensed Name: Nicolas Paul Castiglione

Full Former name(s): None

Date of Admission as Lawyer

by Illinois Supreme Court: November 10, 2011

Malpractice Insurance:

(Current as of date of registration;

consult attorney for further information) In annual registration, attorney reported that he/she does not have malpractice coverage. (Some attorneys, such as judges, government lawyers, and in-house corporate lawyers, may not carry coverage due to the nature of their practice setting.)

 

Awesome, little known fact, attorneys in IL are not mandated to carry malpractice insurance. He's been admitted to the bar for a whopping 19 months give or take. If I were Alvarez, I'd want someone uhh...more competent.

[pdpsc]

No lawyers employed by a government body have malpractice insurance. Judges also don't have it.

 

But you're also correct that Illinois lawyers in general are not required to have malpractice insurance.

[McCroskey]

If I were Alvarez, I'd want someone uhh...more competent.

 

Sometimes tyrants like to have buffoons doing their work. Buffoons follow orders and do as they're told without thinking too much. Maybe she just rehearses with him and tells him what to say.

Edited May 28, 2013 at 03:33 AM by officedrone

[spu69]

I'm glad you guys like my handy work.

 

One down one more to go. . .

 

and thatnsk to Andre for agreeing to be a plantiff

 

amen!

[Gray Peterson]

MTD Filed by Cook County State Attorney Alvarez, via Paul Castiglione:

 

http://ia601702.us.a...283284.21.0.pdf

 

I can't believe he's arguing this with a straight face. He had better hope that the IL legislature passes shall-issue carry so he is spared the embarassment of the inevitable smackdown by NRA-ILA legal and by a federal judge.

Edited May 30, 2013 at 10:00 PM by Gray Peterson

[Sigma]

So basically he is arguing that the 7th ruling doesn't apply. Wasn't this filed in a federal court?

[skinnyb82]

Judge St. Eve will crush him. I need to read the MTD it oughtta be really good. Argument - "This is Cook County, we don't have to follow your stupid rules, federal and state law, or appellate court rulings!"

 

Sigma, yeah hahahaha she can't do anything anyway. Its literally above her pay grade or at least her position in the pecking order.

 

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Edited May 30, 2013 at 10:16 PM by skinnyb82

[NakPPI]

Omg. Did a law student write this? This is friggin amateur pleading. They can't even get the fonts consistent from where they cut and pasted!

 

Oh and the 7th circuit drafting rules say not to use sans serif fonts. Double fail.

 

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Edited May 30, 2013 at 10:50 PM by NakPPI

[skinnyb82]

Yeah this doesn't surprise me. Clearly he drafted it. Alvarez would at least use the correct font. And clearly she did not read it or she cleared it with him, thus proving that she too has no respect for the federal judiciary. Castiglione, he's not what one would call a brilliant litigator or very active as he does public affairs (as in answers questions, usually incorrectly as even Zalewski publicly pointed out). As I said above I think Alvarez should've found someone more...experienced than someone who's only been admitted to practice law for about a year and a half and has probably argued fewer cases than I have fingers and toes.

 

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[TFC]

If you read that "task force" report, it was laughable.

I guess it's a common thread.

Local politicians' legal documents have to look like 7th grade book reports.

[Booxone]

The relevant question is this: does a judgment enjoining UUW prosecutions entered against a State’s Attorney, in the case the Union County State’s Attorney, enjoin other State’s Attorneys throughout the State from prosecuting violations of the UUW statute? The Seventh Circuit has opined that such a judgment does not bind the other 101 State’s Attorneys in Illinois.

 

Wow trying to argue that only the Union County States Attorney can't charge UUW. Can't wait till hear the judges response.

[skinnyb82]

Plus the fact that the panel ruled the complete ban in carry to be unconstitutional not just in Union County. Is Castiglione arguing that residents of Union County have more rights than residents of the other 101 counties in Illinois why yes he is. Weee I want the transcript from the status hearing hahaha. "Mr. Castiglione, you do hold a JD correct? From an accredited school? Maybe it should lose its accredidation. I don't know how you managed to pass the bar exam but clearly it's not NEARLY as difficult as it should be."

 

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[w00dc4ip]

That was an entertaining read. My 4 year old has made better arguments to get after dinner treats and delay bed time.

[skinnyb82]

I don't think this case is goinv away even when a law is enacted, the County still will not acknowledge it is bound by CA7's ruling. I wonder if Castiglione will say the County is not bound by a preemptive state law too. I can't wait for his next MTD, stating "well this is pointless because the ILGA passed a bill and it has become law, let it go." He should look into what happens when attorneys file frivolous motions repeatedly. FRCP Rule 11 he's just lucky that Judge Shadur isn't presiding. That whole hypothetical I posted wouldn't be hypothetical if he tried to spoon feed that to Shadur. More likely he'd ask Alvarez why she hired an idiot who can't even follow basic Circuit rules and mounts a frivolous defense. Then threaten to sanction both of them.

 

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[bob]

It may just be that the CCSA thinks this is a loser and there is no reason to bring out the big guns for a case that is a loser anyway. Save them for where you might win.

[skinnyb82]

Yeah this is good.

 

"Under the principles of federalism and comity set forth in Fenner v. Boykin, 271 U.S. 240 (1926) and its progeny, this Honorable Court should abstain from exercising subject matter jurisdiction over a lawsuit to enjoin a State’s Attorney in Illinois from prosecuting an Illinois criminal statute that the Illinois courts have ruled to be constitutional and valid. See SKS & Associates v. Dart, 619 F.3d 674, 678 (2010) (stating that abstention is rooted in the traditional principles of equity, comity, and federalism). Putting the issue of subject matter jurisdiction aside, the Seventh Circuit decision in Moore v. Madigan is not binding on the courts of Illinois1 and Moore does not bar either State’s Attorney Alvarez or State’s Attorney Berlin from prosecuting UUW violations after the mandate in Moore is issued."

 

Castiglione is retarded. Seriously. Does he not understand the fact that if a federal appellate court has both subject matter and personal jurisdiction in re Moore. How about that FEDERAL injunctions take precedence over state law, read friggin' People v. Nance where the Illinois Supreme Court told the state to go take it up with the federal court.

[Graybeard]

I see no reason for his case to go away even if concealed carry is being passed. Its a darn shame that the City of Chicago, Rahm and McCarthy were not included as deffendant. They certainly have made enough statements about the 7th's ruling and I believe the City's gun laws are anti 2nd and anti 14th. I think that there could have been a way to work that into this and get more.

Just as a side, it was prety funny I shared Mr. Castiglione's statements at my office "around the water cooler" and the least I got was a chuckle. Well actually we were all laughing pretty hard and let me tell you pro-2nders are a definite minority in my office. It is quite obvious that this guy is some political policy jerk, good luck to him once Alvarez is gone. I think comedy might be his next line of work.

[skinnyb82]

The complaint could always be amended to include McCarthy, Rahm etcm but yea I wish they would've gone after the whole gang. Castiglione's father, uncle, or something is a judge I believe unless Frank B. Castiglione is not related to him (yeah right). I'll take cronyism for $500, Alex.

 

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