California Right To Carry
Regular Member
It should not surprise anyone to hear that the 9th Circuit Court of Appeals has vacated the Peruta v. San Diego and Richards v. Prieto appellate decisions. The en banc petitions were granted and the case will be reheard before an 11 judge panel the week of June 15th.
I will shortly be filing a petition to have the appeal of my Open Carry case (Nichols v. Brown) be initially heard en banc and hopefully, heard before the same en banc panel. The latter part might be a bit tricky as I did not expect for the oral arguments to be scheduled so soon after granting the en banc petitions.
03/26/2015 193 Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.[9473535] (RP) [Entered: 03/26/2015 12:53 PM]
03/26/2015 194 Filed order (SIDNEY R. THOMAS) En banc oral argument will take place during the week of June 15, 2015, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (415) 355-8026. Within seven days from the date of this order, the parties shall forward to the Clerk of Court twenty-five additional paper copies of the original briefs (including supplemental and amicus briefs) and excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for- Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9473833] (SM) [Entered: 03/26/2015 02:42 PM]
For more information on Peruta v. San Diego click here.
For more information on Richards v. Prieto click here.
For more information on Nichols v. Brown click here.
[video]https://youtu.be/UaxxuyBvB-M[/video]
I will shortly be filing a petition to have the appeal of my Open Carry case (Nichols v. Brown) be initially heard en banc and hopefully, heard before the same en banc panel. The latter part might be a bit tricky as I did not expect for the oral arguments to be scheduled so soon after granting the en banc petitions.
03/26/2015 193 Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.[9473535] (RP) [Entered: 03/26/2015 12:53 PM]
03/26/2015 194 Filed order (SIDNEY R. THOMAS) En banc oral argument will take place during the week of June 15, 2015, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (415) 355-8026. Within seven days from the date of this order, the parties shall forward to the Clerk of Court twenty-five additional paper copies of the original briefs (including supplemental and amicus briefs) and excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for- Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9473833] (SM) [Entered: 03/26/2015 02:42 PM]
For more information on Peruta v. San Diego click here.
For more information on Richards v. Prieto click here.
For more information on Nichols v. Brown click here.
[video]https://youtu.be/UaxxuyBvB-M[/video]