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Old April 2, 2012, 10:34 PM   #81
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,318
Late Friday night, Judge Legg issued his amended order of clarification: http://www.archive.org/download/gov....80772.63.0.pdf

Judge Legg does three things with his amended decision:
  1. The Judge issues a Permanent Injunction against the State from enforcing the "Good and Substantial" clause of the MD Wear and Carry laws.
  2. The Judge orders the State to proceed with whatever is needed to issue Mr. Woollard his permit.
  3. The Judge then issues a temporary Stay until he is briefed and issues a decision to dissolve the Stay or order it held, pending the Appeals.

So, as it stands, his entire decision is stayed pending the briefing on continuing the Stay temporarily pending appeal. This also means that Mr. Woollard will not get his permit until possibly after the Judge lifts the stay or the CA4 affirms the District Courts decision.

As a result of this clarification, today, MD noticed their appeal: http://www.archive.org/download/gov....80772.64.0.pdf

So here's what is going to happen.
  1. The defendants will file their opening brief on Apr. 19th.
  2. The plaintiffs will file their response on May 9th.
  3. The defendants will file their reply on May 23rd.
Judge Legg will issue his considered opinion sometime after that. Expect it to be on or around June 2nd.

If the State cannot meet the 4 criteria of a Stay, Judge Legg will dissolve the temp Stay that is currently in effect. The State may then appeal directly to the CA4 Motions Panel for a Temp Stay. If the Motions Panel agrees with Legg's reasoning, the Injunction will be in full force.

Judge Legg is being very careful about all of this. He is providing MD with everything they need. This is serious and Legg does not want to be overturned. A good reasoned opinion for not granting the Stay will influence the Motions Panel.
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