Schader Oral argument 10/10/2012

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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Oral argument: This case be scheduled for oral argument on October 10, 2012, at 9:30 A.M., before Circuit Judge Tatel, and Senior Circuit Judges Williams and Randolph.

    Issue involves the Section 922 ban on gun possession by a person convicted of MD common law assault (back when it was a common law crime instead of a statutory crime, as it is now). Interesting panel. This will be worth watching. Alan Gura represents the appellant
     

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    virtus

    Ultimate Member
    Aug 11, 2010
    1,493
    Oral argument: This case be scheduled for oral argument on October 10, 2012, at 9:30 A.M., before Circuit Judge Tatel, and Senior Circuit Judges Williams and Randolph.

    Issue involves the Section 922 ban on gun possession by a person convicted of MD common law assault (back when it was a common law crime instead of a statutory crime, as it is now). Interesting panel. This will be worth watching. Alan Gura represents the appellant

    Thanks for the heads up! I pictured you as a pirate when I read the bolded part :D
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,870
    WV
    Oral argument: This case be scheduled for oral argument on October 10, 2012, at 9:30 A.M., before Circuit Judge Tatel, and Senior Circuit Judges Williams and Randolph.

    Issue involves the Section 922 ban on gun possession by a person convicted of MD common law assault (back when it was a common law crime instead of a statutory crime, as it is now). Interesting panel. This will be worth watching. Alan Gura represents the appellant

    2 GOP nominees, 1 Clinton appointee. Good numbers(or so we shall see).
     

    sbmike

    Ultimate Member
    Feb 19, 2011
    1,650
    Almost Heaven, WV
    Williams and Randolph definitely staunch conservatives. Tatel just as staunch on the liberal side. Not that it matters because all cases are decided on merit and not on political ideology. :rolleyes:
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Williams and Randolph definitely staunch conservatives. Tatel just as staunch on the liberal side. Not that it matters because all cases are decided on merit and not on political ideology. :rolleyes:
    i have been before all three and all three are excellent judges all three can be terrors at argument
     

    sbmike

    Ultimate Member
    Feb 19, 2011
    1,650
    Almost Heaven, WV
    i have been before all three and all three are excellent judges all three can be terrors at argument

    I haven't been before them but I've been behind them in the robing room many, many times. Does that count for anything? :lol2:

    As you indicate, all three have excellent reputations as do the vast majority of jurists who make it to the DC Circuit. As further proof, four of the current nine SC justices including the CJ came from the DC Circuit (Roberts, Scalia, Thomas and Ginsburg). I was extremely privileged to have still been working there while CJ Roberts was there.
     

    gmhowell

    Not Banned Yet
    Nov 28, 2011
    3,406
    Monkey County
    What issue is at stake here? Why does common law vs. statutory make a difference in general or in this particular case?

    Thanks in advance for the law school primer.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    What issue is at stake here? Why does common law vs. statutory make a difference in general or in this particular case?

    Thanks in advance for the law school primer.

    Because of the wording of 922(g) which imposes a lifetime possession ban upon conviction of a state misdemeanor punishable by jail time of more than 2 years. Second degree and 1st degree assault statutory crimes currently in MD qualify. But a common law crime contains NO limits on jail time -- it was up to the judge. The plaintiff was convicted of the common law crime before MD enacted the statutes. The federal government's position is that since a common law crime could have been punished by more than 2 years in jail, 922 applies.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I haven't been before them but I've been behind them in the robing room many, many times. Does that count for anything? :lol2:

    As you indicate, all three have excellent reputations as do the vast majority of jurists who make it to the DC Circuit. As further proof, four of the current nine SC justices including the CJ came from the DC Circuit (Roberts, Scalia, Thomas and Ginsburg). I was extremely privileged to have still been working there while CJ Roberts was there.

    The DC Circuit is among the best if not the best circuit in the country iMHO
     

    yellowfin

    Pro 2A Gastronome
    Jul 30, 2010
    1,516
    Lancaster, PA
    Williams and Randolph definitely staunch conservatives. Tatel just as staunch on the liberal side. Not that it matters because all cases are decided on merit and not on political ideology. :rolleyes:

    Conservative doesn't guarantee pro gun at all. There are far too many "law and order conservative" folks who don't like gun ownership b/c they feel it lets people they deem less smart than themselves have another means to present danger to society at large in the same way as drugs, tattoo studios, adult video stores, motorcycles, music with explicit lyrics, etc.
     

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