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CADL v. MOC hearing - 5/25@14:30

Vmaxx

Regular Member
Joined
Apr 4, 2010
Messages
85
Location
Rochester Hills, Michigan, USA
We all knew this was going to happen with such a liberal judge who was obviously going to rule based on her personal feelings and beliefs instead of the law.

Now, the nra, mcrgo, and other groups have said they would get involved at the appeals level, so it's time to get them going.

Who's the Judge?

How long do you think the appeals process will take?
 
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detroit_fan

Regular Member
Joined
Mar 27, 2009
Messages
1,172
Location
Monroe, Michigan, USA
Who's the Judge?

How long do you think the appeals process will take?

rosemarie aquilina

no idea about the appeals process, hopefully someone else can chime in about the next steps needed to be taken.

also, i may be wrong, but doesn't this ruling only apply to ingham county?
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
The Judge wanted to rule this way due to HER PERSONAL FEELINGS and ignored all evidence to the contrary.

The way forward is clear:

1) Change Laws for Preemption and/or PFZs.

2) Appeal this ruling.

3) Judicial Misconduct Actions against this Judge.

Moving forward on all above at once...
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
The judge refused to say OC was Brandishing

The judge said the Library's policy is enforceable

The judge awarded no costs to either party

CADL dropped their school property argument

MOC gave verbal notice of intent to appeal

No mention of CC in any orders

Any further hearings on this case that were scheduled in front of Aqualina are cancelled.
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
The judge refused to say OC was Brandishing

The judge said the Library's policy is enforceable

The judge awarded no costs to either party

CADL dropped their school property argument

MOC gave verbal notice of intent to appeal

No mention of CC in any orders

Any further hearings on this case that were scheduled in front of Aqualina are cancelled.

Thanks for the update.
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
The Judge, in all her malevolence, decided her FEELINGS were more important than PEOPLE'S RIGHTS and LEGISLATOR'S ACTIONS.

She does not deserve to sit on that bench.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Legislating from the bench at its best. Forget Keller and McDonald - SCOTUS, The US Constitution, and The Michigan Constitution. Forget all that. I have my FEELINGS.

NOTE: I wasn't their, but this is my gatherings, especially after her "feelings" from the first "round" when we saw her.

Do we still have the court dates that were originally set? The ones in June?
No it's a done deal, now on to the appeal. CADL did drop their motion for the library to be called a school. Our attorneys objected to that and wants it determined in the appeals, so the library can't bring it up later.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
No it's a done deal, now on to the appeal. CADL did drop their motion for the library to be called a school. Our attorneys objected to that and wants it determined in the appeals, so the library can't bring it up later.

Good idea... I am disappointed in the Judge's decision but believe the issue is important enough that the only way to set THIS fiasco "right" is to have the appeals court decide the issue. Even if "we" would have won, I'm sure it would have been appealed by CADL; better in that the onus of making a strong argument would have been upon them rather than us.

The best way to avoid this particular issue in the future would be to actually push the elimination of PFZs AND push for clearer legislation regarding exactly what "entities" are covered under preemption. In that vein, has anyone heard of any movement on the bill regarding the elimination of PFZs from earlier this year?

JMHO, but I think that the time to change this is now... or were the assurances that this would at least be dealt with in "due time" just an empty promise to garner support from us while our legislators solidify themselves as apologists for big business and shills for the corporate elite? Oh, it's "due time"...
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Good idea... I am disappointed in the Judge's decision but believe the issue is important enough that the only way to set THIS fiasco "right" is to have the appeals court decide the issue. Even if "we" would have won, I'm sure it would have been appealed by CADL; better in that the onus of making a strong argument would have been upon them rather than us.

The best way to avoid this particular issue in the future would be to actually push the elimination of PFZs AND push for clearer legislation regarding exactly what "entities" are covered under preemption. In that vein, has anyone heard of any movement on the bill regarding the elimination of PFZs from earlier this year?

JMHO, but I think that the time to change this is now... or were the assurances that this would at least be dealt with in "due time" just an empty promise to garner support from us while our legislators solidify themselves as apologists for big business and shills for the corporate elite? Oh, it's "due time"...

I wrote 4 versions of the changes and sent them to the MOC/MGO Lawyers. I will wait for some further direction from them on releasing...
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
Me neither. The 6 inches of water in my finished basement precludes me from attending.
:(

Lost quite a bit of ammo too and one rifle I have is submerged.

I left some .40's in the fish tank for 2 or 3 weeks just to see if they worked, and they shot fine.

Dry the gun out, and re lubricate it, The only war I know about where it didnt rain was only 6 days long.

OT. Im disappointed, but glad that its going to appeals, this will work out better in the long run. Perhaps this will be a way also. to get rid of an activist judge.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
I left some .40's in the fish tank for 2 or 3 weeks just to see if they worked, and they shot fine.

Dry the gun out, and re lubricate it, The only war I know about where it didnt rain was only 6 days long.

OT. Im disappointed, but glad that its going to appeals, this will work out better in the long run. Perhaps this will be a way also. to get rid of an activist judge.

The rifle was a relatively new purchase and I hadn't done the full cleaning of cosmoline... so no real worries there. I didn't really know that about the ammo. Since neither caliber is used for defensive situations, I think I'll try your suggestion. If it was my edc ammo, I don't think I would chance it. Thanks again for the info.

OT: The case just indicates how much work there is left to do. Those of us that have been OCing for years know we, as OCers, have made huge strides among the LEOs and the general public. Now we need to work on the judicial and legislative components; the only problem being the huge cost involved both financially and time-wise.
 
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Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
The Judge, in all her malevolence, decided her FEELINGS were more important than PEOPLE'S RIGHTS and LEGISLATOR'S ACTIONS.

She does not deserve to sit on that bench.
You would think, she'd care about whether or not she's going to be over turned. Anyone, with any sense at all should be able to see that she will be over turned on appeal. Then again, we are talking about an apparently politically activist judge, who likes to legislate from the bench.
 

TheSzerdi

Regular Member
Joined
Sep 29, 2008
Messages
287
Location
Melvindale, Michigan, USA
You would think, she'd care about whether or not she's going to be over turned. Anyone, with any sense at all should be able to see that she will be over turned on appeal. Then again, we are talking about an apparently politically activist judge, who likes to legislate from the bench.

She probably thinks that we don't have enough monetary support to go the distance. Especially since NRA and such aren't backing us... yet.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Counsel will make a case and present it to the appeals court. Keep in mind that they alone will decide to hear the case or not. Also keep in mind that it is the judges clerks (think fresh out of law school) that review the submissions and do the research and then summarize the case and that is generally all the judge will read to base their decision to hear the case.

So it's a crap shoot all the way. The one big thing in our favor is that our attorney's raised constitutional issues which she apparently ignored and did no analysis or test. So we have a slightly better chance for it to move forward. Even a very very very very slight chance of a SCOTUS decision.
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
Counsel will make a case and present it to the appeals court. Keep in mind that they alone will decide to hear the case or not. Also keep in mind that it is the judges clerks (think fresh out of law school) that review the submissions and do the research and then summarize the case and that is generally all the judge will read to base their decision to hear the case.

So it's a crap shoot all the way. The one big thing in our favor is that our attorney's raised constitutional issues which she apparently ignored and did no analysis or test. So we have a slightly better chance for it to move forward. Even a very very very very slight chance of a SCOTUS decision.

If my understanding of law is correct they MUST hear the appeal. The parties get one appeal "by right". SCOM has the option to turn the case down though.
 
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