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Old June 11, 2012, 09:48 PM   #122
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
Here's the latest docket entry from the 4th:

Quote:
04/26/2012 13 MOTION by Appellants Marcus L. Brown, Denis Gallagher, Seymour Goldstein, Terrence Sheridan and Charles M. Thomas, Jr. to extend filing time for opening brief until June 15, 2012; and response brief until July 16, 2012. Date and method of service: 04/26/2012 ecf. [998841658] [12-1437] Matthew Fader

04/26/2012 14 MOTION by Appellants Marcus L. Brown, Denis Gallagher, Seymour Goldstein, Terrence Sheridan and Charles M. Thomas, Jr. to amend/correct caption. Date and method of service: 04/26/2012 ecf. [998841659] [12-1437] Matthew Fader

04/26/2012 15 DESIGNATION OF LEAD COUNSEL (Local Rule 12(b)) by Appellants Marcus L. Brown, Denis Gallagher, Seymour Goldstein, Terrence Sheridan and Charles M. Thomas, Jr.. Name of lead counsel: Matthew J. Fader. [12-1437] Matthew Fader

04/27/2012 16 ORDER filed [998841700] granting Motion to extend filing time [13], updating/ resuming briefing order deadlines. Opening brief and appendix due 06/15/2012. Response brief due 07/16/2012 Copies to all parties... [12-1437] (DSD)

04/30/2012 17 APPEARANCE OF COUNSEL (Local Rule 46(c)) by Cary J. Hansel, Esq. for Raymond Woollard.[998843222] [12-1437] Cary Hansel

04/30/2012 18 ORDER filed [998843313] granting Motion to amend/correct [14], updating case caption. Copies to all parties. [12-1437] (DL)

05/02/2012 19 DESIGNATION OF LEAD COUNSEL (Local Rule 12(b)) by Appellees Second Amendment Foundation, inc. and Raymond Woollard. Name of lead counsel: Alan Gura. [12-1437] Alan Gura

A couple of notes. Doc #14 was to amend the caption of the case. The case is now, Raymond Woollard v. Denis Gallagher, case #12-1437 (the case # remains the same, only the case name has changed). #13 Motion by appellants was granted (#16), so this Friday (June 15th) will be the opening brief. This translates to the following:

June 15 - Opening brief by MD
July 16 - Response by Woollard (Gura/SAF)
July 30 - Reply by MD

We won't know the date for orals until sometime after the end of July. The 4th Circuit, like the 7th Circuit, does not announce which Judges are on the panel until the morning of argument. Currently, the earliest possible date for orals will be on or after Sept. 18th.

What is really interesting is that by the time orals for this case are scheduled, the 7th may have already rendered a decision in Moore/Shepard.

Why is this interesting?

Decisions in the 7th are generally given deference (great weight) by the other circuits. Because Judge Posner was running the panel in Moore/Shepard, we expect him to author the opinion. His opinions always carry weight. This will all work to our advantage, most especially if Judge Wilkinson is on the panel to hear Woollard.

For those that are tuning in late, Judge J. Harvie Wilkinson wrote a scathing article, roundly criticizing Justice Scalia, after the decision in Heller and also wrote part of the decision in Masciandaro, in which he repeated what the MD Supreme Court said in Williams: (paraphrasing) If the Supreme Court wants the RKBA to include outside the home, it will have to be more explicit.
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