California Right To Carry
Regular Member
As usual, James Ching does a good job explaining legal babble, this time he takes on the denial of AG Harris' motion to intervene and does so in plain English accompanied by a half dozen or so useful links at the bottom of the article.
The article does require one to sign up for a "free trial" which permits one to read a limited number of articles for free each month (five as I recall).
"Also, nothing bars the Circuit from ordering en banc hearing on its own. “The rule is addressed to the procedure whereby a party may suggest the appropriateness of convening the court in banc. It does not affect the power of a court of appeals to initiate in banc hearings sua sponte.” (Notes of Advisiory Comm. on Rules-1967, Rule 35 FRAP)
The parties may request en banc hearing, but whether or not they do, Rule 35 states that a majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard when en banc consideration is necessary to secure or maintain uniformity of the court’s decisions or the proceeding involves a question of exceptional importance.
Finally, the Sheriff, given his ambivalence to litigating the appeal thus far, could, after the above options are exhausted, decline to pursue the case in the Supreme Court, in which case Peruta would have the status of a singular but not definitive Circuit Court opinion."
http://www.law.com/sites/jamesching/2014/11/13/ninth-circuit-denies-intervention-to-ag-in-peruta-ccw-permit-case
The article does require one to sign up for a "free trial" which permits one to read a limited number of articles for free each month (five as I recall).
"Also, nothing bars the Circuit from ordering en banc hearing on its own. “The rule is addressed to the procedure whereby a party may suggest the appropriateness of convening the court in banc. It does not affect the power of a court of appeals to initiate in banc hearings sua sponte.” (Notes of Advisiory Comm. on Rules-1967, Rule 35 FRAP)
The parties may request en banc hearing, but whether or not they do, Rule 35 states that a majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard when en banc consideration is necessary to secure or maintain uniformity of the court’s decisions or the proceeding involves a question of exceptional importance.
Finally, the Sheriff, given his ambivalence to litigating the appeal thus far, could, after the above options are exhausted, decline to pursue the case in the Supreme Court, in which case Peruta would have the status of a singular but not definitive Circuit Court opinion."
http://www.law.com/sites/jamesching/2014/11/13/ninth-circuit-denies-intervention-to-ag-in-peruta-ccw-permit-case