California Right To Carry
Regular Member
Time to stick the procedural fork in Peruta may be close at hand.
Peruta v. San Diego Appeal 10-56971
Update November 20, 2014 (12:22 AM) - The motion to stay my case by Attorney General Harris strongly suggests that she believes that the only route left for her to attack the Peruta decision is via the Richards v. Prieto appeal or for the Court of Appeals to call for an en banc hearing on its own. Seven days post denial of the motions to intervene have now passed. The mandate in Peruta can be issued at any time. Attorney General Harris has not filed any motions regarding the mandate or the denial of her motion to intervene and her motion for a rehearing. There are now 14 days remaining for a non-panel judge to make what is known as a 5.4(b) notice request for an en banc hearing. Within the next 14 days any non-panel judge can “stop the clock” for a lone 14 day extension of time. If that doesn’t happen then it may be time to stick the procedural fork in Peruta. This is the simplified version. For a more detailed en banc procedure guide, click here. For an en banc procedure flowchart, click here.
Peruta v. San Diego Appeal 10-56971
Update November 20, 2014 (12:22 AM) - The motion to stay my case by Attorney General Harris strongly suggests that she believes that the only route left for her to attack the Peruta decision is via the Richards v. Prieto appeal or for the Court of Appeals to call for an en banc hearing on its own. Seven days post denial of the motions to intervene have now passed. The mandate in Peruta can be issued at any time. Attorney General Harris has not filed any motions regarding the mandate or the denial of her motion to intervene and her motion for a rehearing. There are now 14 days remaining for a non-panel judge to make what is known as a 5.4(b) notice request for an en banc hearing. Within the next 14 days any non-panel judge can “stop the clock” for a lone 14 day extension of time. If that doesn’t happen then it may be time to stick the procedural fork in Peruta. This is the simplified version. For a more detailed en banc procedure guide, click here. For an en banc procedure flowchart, click here.