DC: Lowery vs US, Supreme Court requests SG response

[yellowfin]

In this case it's not a screwed the pooch GVR, it's a the world changed GVR. That's what happened in Maloney (the NY nunchuku case). After McDonald, SCOTUS GVR'd it saying 'reconsider in light of McDonald'.

Which sadly is a mistake putting the pen back in the hands of the circuit that simply cannot bring themselves to acknowledge a 2nd Amendment that actually means anything.

 

[krucam]

Solicitor General was given an obligatory 30 day extension to file their response.

Oct 6 2011 Order extending time to file response to petition to and including November 14, 2011.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-5241.htm

 

[krucam]

An atypical (not sure how much so) 2nd 30-day extension for Respondents to respond was granted last Thursday. It was to be due tomorrow, 11/14.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-5241.htm

Jul 13 2011 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2011)
Jul 27 2011 Waiver of right of respondent United States to respond filed.
Aug 4 2011 DISTRIBUTED for Conference of September 26, 2011.
Sep 12 2011 Response Requested . (Due October 12, 2011)
Oct 6 2011 Order extending time to file response to petition to and including November 14, 2011.
Nov 10 2011 Order further extending time to file response to petition to and including December 14, 2011

 

[yellowfin]

So much

...

 

[press1280]

Distributed for conference of January 13th,2012.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-5241.htm

Looks to be the last opportunity this term for SCOTUS to weigh in on the 2A issue. I'm doubting they pick up the case because of Masciandaro,Chien, and Williams getting denied. But a chance nonetheless.

Not sure where the link is for the Lowery response filed on December 26th.

 

[ed bernay]

denied I believe

 

[MDFF2008]

Jan 17 2012 Petition DENIED.

But

It does fit the pattern of no dirty hands. Here's the brief summery.

Appellant Samuel Lowery was convicted of one count of attempted possession of an unregistered firearm, D.C. Code §§ 7-2502.01 (a), 22-1803 (2001), after Deputy U.S. Marshals found a handgun in the apartment where he was staying. He argues, for the first time on appeal, that this application of the District of Columbia's pre-Heller firearms law was unconstitutional as applied to him. See District of Columbia v. Heller, 128 S.Ct. 2783 (2008). He also maintains that a statement he made to a deputy marshal should have been suppressed. Unpersuaded by his arguments, we affirm.

 

[krucam]

denied I believe

That is correct. The Docket is in press1280's post #25 just above...last entry states:

Jan 17 2012 Petition DENIED.

The consensus on a number of boards (given the benefit of 20/20 hindsight) is the Court is not going to rule on this year's Criminal cases...is aware of the many Civil cases coming up, and will wait for one of the Civil cases.

Given my lack of 20/20 foresight, and out of commission Crystal Ball, I'll keep my fingers crossed for a more receptive Oct12 term at One First...

 

[Inigoes]

The consensus on a number of boards (given the benefit of 20/20 hindsight) is the Court is not going to rule on this year's Criminal cases...is aware of the many Civil cases coming up, and will wait for one of the Civil cases.

Given my lack of 20/20 foresight, and out of commission Crystal Ball, I'll keep my fingers crossed for a more receptive Oct12 term at One First...

Yep, the SCOTUS only wants to crack that door a little at a time.

 

[Al Norris]

Drats! I couldn't remember if there was a thread on Lowery (read: ...and I didn't even look), and posted the Orders this morning in the stickied Post-McDonald thread.