Michael Mitchell v University of Kentucky

[Comm]

Anyone else going to the the KYSC this Wednesday at 11am?

Yes, I'll be there.

 

[langzaiguy]

@Comm, well it would be nice to meet up. You'll have to let me know how to distinguish you. Gutshot, I'm pretty sure I can pick you out!

 

[neuroblades]

I'd love to joyou guys for this but as lucky would have it, I got scheduled to work this Wednesday and funds are extrememly bad at the moment as well. But I'll be thinking about this all day so I guess you could say I'll be there in spirit and looking forward to the SITREPS "from the front". *LOL*

 

[garyh9900]

I'll be right down the hallway on some other business. I'm going to try to slip out and watch the arguments.

 

[garyh9900]

After watching the arguments I think:
Justice Scott, Justice Noble, and Justice Venters will vote to reverse the trial courts decision.
Justice Abramson will vote to affirm the the trial courts decision.

The others didn't so much, but Schroder didn't seem to be pleased that the university confiscated his gun.

Also I don't think Abramson will let the other justices get away with addressing any sweeping constitutionality issues since it appears the proper procedure for doing so wasn't followed.

 

[langzaiguy]

I also confirm Gary and Gushot. The attorney for UK was arrogant as she was overly argumentative and spoke over the justices. I like what the attorney for Michael Mitchell said--the General Assembly has no authority to regulate firearms in the way UK does. If that is the case, how can we let UK get away with it. I'm optimistic about the outcome. Good to see you again, Gutshot.

 

[MrOverlay]

Gutshot if you were refering to me, I am just a little worker bee. I have seen all the Justices in court though, and while you can't be sure about anything, I think Mr. Mitchell will be OK. Justice Venters bringing up the number of acts of violence that have been prevented by students retrieving a firearm from their vehicle was a good sign for our side.

I believe that Justice Noble referencing Open Carry as legal was the first time I have heard a Supreme Court Justice actually say that.

I also think the attorney for UK lost some credibility with her evasive answers to some of the Justices questions.

Comm nice to meet you.

Also glad to see my friend Charles Riggs again.

Gary

 

[garyh9900]

I don't think that UK could have found a more disagreeable, irritating bitch for an attorney.

+1:lol: I'm sure she is a staff attorney for UK. Which, in my experience, is usually someone who isn't cut out to be a trial lawyer(although some attorneys do prefer the mundane work and low pay that they get.

I'm not sure about the constitutional issue. It wasn't clear, at least to me, if the procedures were followed and even if they applied here. In any case, if it wasn't done right it would just be sent back to the lower court, I think.

Yeah, they would remand that issue to trial court for further consideration.

 

[Comm]

It was good to see Gutshot, Mr. Overlay, and Langzaiguy, and the people from KC3. This was my first court hearing, but it did seem that most of the Justices were FOR Mr. Mitchell. I do hope a ruling will be soon, but I know it could take a long time. I spoke with Mr. Hunt, and he could not confirm a date of a ruling.
I think they will rule in Mitchell favor, and it will be interesting to see what U.K. does with the ruling.
Once again, Nice to meet everyone!

 

[MrOverlay]

Yes, I was the bearded oaf sitting next to Charles. I didn't realize you were MrOverlay. I wish we could have spoken. I think eveything will be fine for Mr. Mitchell, but I thought we would win in Circuit Court.

Different arenas. However, it isn't over until it's over

 

[MyTwoCents]

+1:lol: I'm sure she is a staff attorney for UK. Which, in my experience, is usually someone who isn't cut out to be a trial lawyer(although some attorneys do prefer the mundane work and low pay that they get.

Yeah, they would remand that issue to trial court for further consideration.

Hopefully they don't call a balk and send it back down for the AG to issue an opinion. Just more time wasted... And on the note of the attorney for UK, she was retained by UK as outside counsel. To think, they paid for that!? Last time I heard, you don't argue with the Justices or try and talk over them by getting louder.

But that's just my $0.02

 

[Comm]

Hopefully they don't call a balk and send it back down for the AG to issue an opinion. Just more time wasted... And on the note of the attorney for UK, she was retained by UK as outside counsel. To think, they paid for that!? Last time I heard, you don't argue with the Justices or try and talk over them by getting louder.

But that's just my $0.02

You would be amazed at how much UK waste money! I have seen time and time again where they spend large amounts of money for something they tear up 6 months later.

 

[Manzanita]

It's good to read the positive impressions of how the day went. Thank you guys for being there.

Here's to a good outcome <clinks glass>.

 

[hermannr]

You would be amazed at how much UK waste money! I have seen time and time again where they spend large amounts of money for something they tear up 6 months later.

It is very easy for some people to spend money that they did not have to earn.

 

[Comm]

When the court makes the decision that U.K. does not have the authority to limit weapons in our personal vehicle,(Yes, I'm being positive that we will win) when does it take effect? Will it be several weeks after they make the ruling?

 

[garyh9900]

When the court makes the decision that U.K. does not have the authority to limit weapons in our personal vehicle,(Yes, I'm being positive that we will win) when does it take effect? Will it be several weeks after they make the ruling?

It will depend greatly on the wording of the opinion. The opinion is likely to say the circuit courts decision is reversed and remanded for further proceedings with this opinion. So there will be further proceeding for Michael Mitchell, but for all practical purposes UK's regulations regarding possessing firearms in ones vehicle would be invalidated if the court rules in Mitchell's favor.

 

[Comm]

Will the attorneys get notified first before they post the minutes of the ruling? I was just wondering if Chris Hunt would share the info before the hearing is made public?

 

[MrOverlay]

I just checked the recently released SC opinions for March and Mitchell is not among them

 

[garyh9900]

I just checked the recently released SC opinions for March and Mitchell is not among them

They have some cases that were heard 6 or 7 months that they have not released an opinion for.

 

[Comm]

I just checked the recently released SC opinions for March and Mitchell is not among them

MAN! I was really hoping for a ruling this month.... Oh well, hopefully the wheels are still turning............
Anyone know when the attorneys will hear the ruling?