Schader Oral argument 10/10/2012

[pilotguy]

The opposite. He should have made an "as-applied-to him-personally" challenge, rather than a facial challenge to the constitutionality of 922 as applied to common law crimes.

Does the decision prevent him from making that challenge now?

 

[esqappellate]

Does the decision prevent him from making that challenge now?

Res judicata bars a party from relitigating any issue or claim that was raised could have been raised in the first law suit. The gov. would may well seek to raise res judicata if he tried to raise it now.

 

[esqappellate]

Schrader rehearing petition filed.

Petition for rehearing and rehearing en banc filed today in Schrader. Attached.

 

[ezliving]

Article today: http://www.theblaze.com/stories/201...cause-of-a-teenage-misdemeanor-45-years-ago/#

 

[esqappellate]

rehearing denied.

Order. Petition for rehearing denied.

 

[jrosenberger]

Order. Petition for rehearing denied.

I can't say I'm surprised. Any speculation on whether a cert petition will be forthcoming?

 

[press1280]

I can't say I'm surprised. Any speculation on whether a cert petition will be forthcoming?

They may want to wait and see if Kachalsky gets cert. Perhaps get a GVR?

 

[esqappellate]

They may want to wait and see if Kachalsky gets cert. Perhaps get a GVR?

Cert in kachalsky won't help him -- issues are too different. Hard case for cert

 

[press1280]

Cert in kachalsky won't help him -- issues are too different. Hard case for cert

Standard of review?

 

[Kharn]

Res judicata bars a party from relitigating any issue or claim that was raised could have been raised in the first law suit. The gov. would may well seek to raise res judicata if he tried to raise it now.

So this plaintiff is out of luck, but another with similar status could give as-applied a shot?

 

[esqappellate]

Standard of review?

Not really. Since there was a complete ban for Schrader (he was a disqualified person), the standard of review would be the highest anyhow.

So this plaintiff is out of luck, but another with similar status could give as-applied a shot?

Yes, another person could well come under the court's dicta. Hard to find a suitable plaintiff, though. We shall see.