To: Abundy; writmeister
Thank you for your comments and insight. I hope that we can soon get the Emerson opinion affirmed by the Supreme Court or by one or more other circuit courts. I realize that precendent is not necessarily binding in other circuits but what is the chance of this being cited in appeals or decisions in circuits where the Circuits have not yet ruled on second Amendment Claims.
I realize this is speculation on your part for the future but I would like to know if a future case in a district court in another circuit could have the Emerson decision cited as a basis for a district court ruling and would the Emerson case also be a included in a possible appeal to a circuit?
Stay well - Stay safe - Stay armed - Yorktown
To: harpseal
Yes. It could be considered by district courts in other circuits or in arguments to the other circuit courts. Generally, the rule is that opinions by their sister courts are considered persuasive rather than binding. That is the other circuits will have to give a cursory look to the Emerson decision.
BTW, I don't know why they refer to them as "sister courts".
To: harpseal
Sure, anyone can cite anything. This ruling gives judges an opinion to hang their hats on. It forces judges to actually think about Miller and not blindly cite it.
I can't shout loudly enough:
PHUCK YOU MICHAEL BARNES, YOU INTELLECTUALLY CHALLENGED POS. YOU GIVE ATTORNEYS A BAD NAME
As if the rest of them need any help...
217 posted on
10/17/2001 7:58:48 AM PDT by
Abundy
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