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Here is an update on the Langbord appeal.
SanctionII
Posts: 11,731 ✭✭✭✭✭
I checked the docket for the appeal today. On 7-23-2014 the court of appeal denied a motion filed by the government for an order allowing it to file a respondent's brief that exceeds the word limit set by the local rules of the court. The government filed its motion back in February, 2014 and it took the court about 5 months to rule on it. The court's 7-23-2014 order requires that the government file its respondent's brief not later than 14 days after 7-23-2014. The due date is thus 8-6-2014.
After the government files it's respondent's brief then the Langbords have the right to file a reply brief (to address/respond/reply to the matters contained in the government's brief). I do not know how much time the Langbords have to file the reply brief but it would not surprise me if it is 30 days from the date of the filing of the government's brief.
After the reply brief is file the case will be considered fully briefed. It will be submitted to the court of appeal for review and for work up. The court of appeal will schedule a hearing in the appeal at which time the attorneys for both sides can present oral argument to the court. After oral argument is completed and the appeal submitted to the court of appeal for decision the court of appeal will (within a set period of time) issue a decision on the appeal.
Whoever is not content with the decision of the court of appeal can then:
1. request that the court of appeal (the full panel of the court of appeal, and not just the justices (3?) who heard and decided the appeal) for reconsideration of the decision (which the full panel of the court of appeal is free to either accept of reject the request);
2. have further proceedings before the full panel of the court of appeal if the full panel accepts the request for reconsideration (with the full panel eventually issuing a decision on the appeal); and
3. whenever proceedings are completed at the court of appeal level, whoever is not happy with the decision of the court of appeal can petition the US Supreme Court to review the decision of the court of appeal (the Supreme Court is not required to accept the petition and hear the case, but is can choose to do so, in which case a further round of appellate briefing will take place and oral argument will take place before the Supreme Court).
If there is not delay in filing a reply brief, then it is possible that this case could be scheduled for oral argument on the appeal prior to the end of the year, or just after the new year.
After the government files it's respondent's brief then the Langbords have the right to file a reply brief (to address/respond/reply to the matters contained in the government's brief). I do not know how much time the Langbords have to file the reply brief but it would not surprise me if it is 30 days from the date of the filing of the government's brief.
After the reply brief is file the case will be considered fully briefed. It will be submitted to the court of appeal for review and for work up. The court of appeal will schedule a hearing in the appeal at which time the attorneys for both sides can present oral argument to the court. After oral argument is completed and the appeal submitted to the court of appeal for decision the court of appeal will (within a set period of time) issue a decision on the appeal.
Whoever is not content with the decision of the court of appeal can then:
1. request that the court of appeal (the full panel of the court of appeal, and not just the justices (3?) who heard and decided the appeal) for reconsideration of the decision (which the full panel of the court of appeal is free to either accept of reject the request);
2. have further proceedings before the full panel of the court of appeal if the full panel accepts the request for reconsideration (with the full panel eventually issuing a decision on the appeal); and
3. whenever proceedings are completed at the court of appeal level, whoever is not happy with the decision of the court of appeal can petition the US Supreme Court to review the decision of the court of appeal (the Supreme Court is not required to accept the petition and hear the case, but is can choose to do so, in which case a further round of appellate briefing will take place and oral argument will take place before the Supreme Court).
If there is not delay in filing a reply brief, then it is possible that this case could be scheduled for oral argument on the appeal prior to the end of the year, or just after the new year.
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I love how the government's submission of a "brief" was rejected because it was too long & wordy.
<< <i>Thanks Sanction II.
I love how the government's submission of a "brief" was rejected because it was too long & wordy.
+1
Thank you for posting updates!
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
Once again, thanks VERY much.
BHNC #203
<< <i>Incredible how long this takes.
Thank you for posting updates! >>
+1 to both, esp. the updates.
after listening to arguments from the supreme court site, even with all their help, i can't comprehend how their heads don't just pop. the creativity and specificity of some of what i heard is simply unrivaled. the combinations, permutations, variations, exceptions, precedents, lack of precedents, contradictions, cross-referencing, etc., it is just plain & simply amazing some cases come to conclusion at all.
if you've watched/listened/read socially significant cases, you know exactly what i mean. on one hand, it is extremely exhilarating and on the other, epically exhausting.
.
Reads like a ride on a carousel.
TD
<< <i>After listening to arguments from the supreme court site, even with all their help, i can't comprehend how their heads don't just pop. the creativity and specificity of some of what i heard is simply unrivaled. the combinations, permutations, variations, exceptions, precedents, lack of precedents, contradictions, cross-referencing, etc., it is just plain & simply amazing some cases come to conclusion at all. >>
Law is funny. Even after they go through all this (on the legislative side), the Justice Dept. says, "well, that's all nice and good, but we are not go to enforce that particular law."
Thanks as always to S2 for the update.
<< <i>Good luck to the Langbords. >>
+1
Thanks for the update.
Hoard the keys.