Charles Nichols Posted August 25, 2016 at 12:37 AM Posted August 25, 2016 at 12:37 AM The mandate was issued this morning. This case is closed, finished, fini, over, dead as a doornail. http://blog.californiarighttocarry.org/?page_id=4712
GTX63 Posted August 25, 2016 at 11:14 AM Posted August 25, 2016 at 11:14 AM No legal right to public conceal carry in Cali....
Trevis Posted August 25, 2016 at 03:49 PM Posted August 25, 2016 at 03:49 PM No legal right to public conceal carry in Cali....Time to open carry. It's one or the other.
GTX63 Posted August 25, 2016 at 04:21 PM Posted August 25, 2016 at 04:21 PM Honestly, in California the antis don't see it that way. To them it is none of the above and those in high state places agree. I'm not sure even the 9th circuit can be forced to conform to consitutional law. Depending on who sits in the DC throne in a few months, that may expand even farther.
Charles Nichols Posted September 15, 2016 at 10:02 PM Posted September 15, 2016 at 10:02 PM In light of the Peruta v. San Diego en banc decision, the denial of the preliminary injunction in another NRA/CRPA concealed carry case was unanimously affirmed by a three judge panel in the case of McKay v. Hutchens. The NRA can now do one of four things: 1) File a Cert Petition with SCOTUS, 2) File an en banc petition with the 9th Circuit, 3) Continue to argue the case in the district court and appeal the inevitable final judgment or 4) Agree to dismiss its case in the district court. Supplemental briefing has been ordered and the briefs filed in four other concealed carry appeals in the 9th Circuit. The parties were "ordered to provide supplemental briefs in light of the en banc decision in Peruta v. County of San Diego." Raulinaitis v. Ventura County Sheriff Sigitas Raulinaitis, et al v. LASD Jonathan Birdt v. Charlie Beck, et al Robert Thomson v. Los Angeles County Sheriff
Charles Nichols Posted January 12, 2017 at 10:17 PM Posted January 12, 2017 at 10:17 PM Update by Charles Nichols, President of California Right To Carry – January 12, 2017 at 2:02 PM – San Diego Sheriff Gore’s attorney quickly responded to my request for the cert petition filed in this case. The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry. You can read the cert petition by clicking on the link. It is under today’s update as well as above the fold. Peruta v. San Diego Concealed Carry Appeal 10-56971 - Lost - 6-24-2016 & Onward
mauserme Posted January 12, 2017 at 10:33 PM Posted January 12, 2017 at 10:33 PM Update by Charles Nichols, President of California Right To Carry January 12, 2017 at 2:02 PM San Diego Sheriff Gores attorney quickly responded to my request for the cert petition filed in this case. The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry. You can read the cert petition by clicking on the link. It is under todays update as well as above the fold. Peruta v. San Diego Concealed Carry Appeal 10-56971 - Lost - 6-24-2016 & Onward I moved your update into the existing Peruta thread so we can keep the discussion cohesive.
Charles Nichols Posted January 12, 2017 at 11:12 PM Posted January 12, 2017 at 11:12 PM Update by Charles Nichols, President of California Right To Carry January 12, 2017 at 2:02 PM San Diego Sheriff Gores attorney quickly responded to my request for the cert petition filed in this case. The same cannot be said of the attorneys for Orange County Sheriff Hutchens who never responded to my inquiry. You can read the cert petition by clicking on the link. It is under todays update as well as above the fold. Peruta v. San Diego Concealed Carry Appeal 10-56971 - Lost - 6-24-2016 & OnwardI moved your update into the existing Peruta thread so we can keep the discussion cohesive. Sorry about that. I didn't get much sleep last night, had no caffeine and forgot to eat anything today. The last two I have since rectified since my original post.
Charles Nichols Posted March 10, 2017 at 10:17 AM Posted March 10, 2017 at 10:17 AM Peruta v. California (formerly v. San Diego) is scheduled for the March 24, 2017, conference. Two Weeks! Here is an article I wrote on why the Peruta v. California cert petition will be denied in two weeks. http://newsblaze.com/business/legal/us-supreme-court-decide-concealed-carry-petition_75414/
Charles Nichols Posted March 20, 2017 at 08:07 AM Posted March 20, 2017 at 08:07 AM The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied. And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. Supreme Court Procedure from SCOTUSblog.
AuroraInstructor Posted March 20, 2017 at 02:35 PM Posted March 20, 2017 at 02:35 PM The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied. And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. Supreme Court Procedure from SCOTUSblog. Hmmm..... You sound almost happy that we will lose this one....
lockman Posted March 20, 2017 at 05:08 PM Posted March 20, 2017 at 05:08 PM The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied. And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. Supreme Court Procedure from SCOTUSblog. Hmmm..... You sound almost happy that we will lose this one.... Either way Peuruta is decied, many gun owners will be thrown under the bus.
Gamma Posted March 21, 2017 at 04:48 AM Posted March 21, 2017 at 04:48 AM The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied. And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. Supreme Court Procedure from SCOTUSblog.Hmmm..... You sound almost happy that we will lose this one.... He's expressed his opposition to concealed carry before on this board. His stated position is there should only be open carry.
MrTriple Posted March 21, 2017 at 08:54 PM Posted March 21, 2017 at 08:54 PM The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied. And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. Supreme Court Procedure from SCOTUSblog.Hmmm..... You sound almost happy that we will lose this one....He's expressed his opposition to concealed carry before on this board. His stated position is there should only be open carry.As far as I can tell, the only reason the SCOTUS hasn't taken more 2A cases is because of Kennedy. I'm thinking once Trump gets two SCOTUS nominees confirmed then we'll start seeing them taking these cases again.
lockman Posted March 22, 2017 at 04:29 PM Posted March 22, 2017 at 04:29 PM The Peruta cert petition was distributed for this Friday's conference. Time for a refresher on the what happens with a cert petition. FYI, San Diego declined to file a Brief In Opposition and #SCOTUS did not request it to file one. That is invariably a sign that a cert petition will be denied. And of course there are no SCOTUS Rule 10 splits which doesn't help Peruta's chances. The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. Supreme Court Procedure from SCOTUSblog.Hmmm..... You sound almost happy that we will lose this one.... He's expressed his opposition to concealed carry before on this board. His stated position is there should only be open carry. Opposition of concealed carry as an exclusive replacement to open carry is a definite yes. Otherwise not so much. That is my take.
kwc Posted March 24, 2017 at 02:38 PM Posted March 24, 2017 at 02:38 PM The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert. It was rescheduled: http://www.scotusblog.com/case-files/cases/peruta-v-california/
Davey Posted March 24, 2017 at 02:41 PM Posted March 24, 2017 at 02:41 PM The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert.It was rescheduled: http://www.scotusblog.com/case-files/cases/peruta-v-california/Hopefully Gorsuch will be able to have a vote.
Charles Nichols Posted March 24, 2017 at 04:54 PM Posted March 24, 2017 at 04:54 PM The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert.It was rescheduled: http://www.scotusblog.com/case-files/cases/peruta-v-california/ In the past year, 63 cases have been rescheduled (and I'm not counting relisted as rescheduled). In only one of those cases was the cert petition granted.
kwc Posted March 24, 2017 at 05:03 PM Posted March 24, 2017 at 05:03 PM The Order's list will be published at 9:30 AM Eastern Time on Monday March 27th. The Peruta cert petition will either be denied, granted or relisted. My money is on denial of cert.It was rescheduled: http://www.scotusblog.com/case-files/cases/peruta-v-california/ In the past year, 63 cases have been rescheduled (and I'm not counting relisted as rescheduled). In only one of those cases was the cert petition granted. Somewhere between 7,000 and 8,000 cases are appealed to SCOTUS each year. Only about 80 of those are actually heard by the court (~1%). A 1 in 63 chance is 1.6%. A betting person would conclude that while the chances have mathematically improved by 60%, it's still unlikely to happen.
press1280 Posted March 24, 2017 at 06:39 PM Posted March 24, 2017 at 06:39 PM Is there a difference between relisted and rescheduled?
Charles Nichols Posted March 24, 2017 at 07:02 PM Posted March 24, 2017 at 07:02 PM Is there a difference between relisted and rescheduled?A relist means the cert petition is scheduled for the next private conference. A case which is "rescheduled" can linger on the docket for weeks before being assigned to a conference. Or the reschedule can last just a couple of days before being assigned to a conference. We have no way of knowing why the petition was rescheduled. It could be for as simple a reason as the clerks did not have time to prepare the memos (cert pool and Justice Alito's) or the justices are waiting for Gorsuch to take his seat.
MrTriple Posted March 27, 2017 at 01:19 PM Posted March 27, 2017 at 01:19 PM Our big concern is still gonna be Kennedy, since he's supposedly "expressed regrets" about supporting Heller and McDonald. Now I can sorta, barely, in a purely academic sense understand his opposition to joining the conservatives on Friedman, but this might be a little tougher for him to wiggle his way out of, since it's not as "drastic" a decision as Friedman was. The 2A clearly says "keep and bear", and "bearing" arms was at least alluded to in Heller. That still isn't good for us, as he's still a very loose cannon on 2A issues, especially with Kagan nagging him. Problem is, if this case is denied cert, we'd have to wait for Trump appointee #2 and hope to find another carry case floating through the appellate system.
Charles Nichols Posted March 28, 2017 at 12:10 AM Posted March 28, 2017 at 12:10 AM According to SCOTUSblog, Peruta has been scheduled for this Friday. The docket still shows it as "rescheduled" but the docket often takes a couple of days to be updated. For the record, I hope that the cert petition is granted. I just don't see how it can be given the posture of the case.
cls74 Posted March 28, 2017 at 07:03 PM Posted March 28, 2017 at 07:03 PM Now showing this Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.
Charles Nichols Posted March 28, 2017 at 07:59 PM Posted March 28, 2017 at 07:59 PM Now showing this Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017.That's funny. I had checked the Docket earlier and it still showed "rescheduled" and that was all. It occurred to me that I could call the SCOTUS clerk's office to find out for sure, which I did. The clerk confirmed over the phone that the petition is scheduled for this Friday's conference. P.S. I just now checked the SCOTUS Docket and it simply says "rescheduled."
kwc Posted March 28, 2017 at 08:07 PM Posted March 28, 2017 at 08:07 PM Now showing this Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017. Were you looking at the official SCOTUS docket or SCOTUSblog.com?
Charles Nichols Posted March 28, 2017 at 08:12 PM Posted March 28, 2017 at 08:12 PM Now showing this Mar 27 2017 DISTRIBUTED for Conference of March 31, 2017. Were you looking at the official SCOTUS docket or SCOTUSblog.com? I checked the SCOTUS docket and just now did again in a different browser which should eliminate a problem with the cache not updating. The SCOTUS docket still shows simply "rescheduled." No matter. The 6:30 am Monday Order's list is usually online by 6:45 am. We should know then.
kwc Posted April 3, 2017 at 02:48 PM Posted April 3, 2017 at 02:48 PM This has been rescheduled again. Sent from my iPhone using Tapatalk
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