Court documents

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Lilly
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Joined: Tue Jun 15, 2010 4:32 pm America/Denver

Court documents

Post by Lilly »

Thank you Cynthia for putting on here the latest court documents concerning oral arguments. This is good news. Now a final decision should be made within a month or two. God has preserved 3ABN and He will continue to protect them.
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Cynthia
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Re: Court documents

Post by Cynthia »

Lilly wrote:Thank you Cynthia for putting on here the latest court documents concerning oral arguments. This is good news. Now a final decision should be made within a month or two. God has preserved 3ABN and He will continue to protect them.
You're welcome, Lilly.

For those who haven't seen the latest document, you can check it out here:
viewtopic.php?f=9&p=2691&sid=f498f01d59 ... 9bf9#p2691

The panel of Judges has been assigned and the appeal cases were officially submitted for judgment on Feb 28, 2011. So, yes, hopefully we will be able to read the verdict in a month or so.

When 3ABN filed their brief they requested oral arguments, the reason given was
"Although Appellants’ brief and appendix creates the illusion that this case is complex and contains extensive numbers of issues, this is not so. The dispositive issues in this case are quite narrow. Thus, this Court would likely find it helpful to be able to ask questions of the parties in order to focus its attention on the narrow issues to enhance the Court’s decision process." But the judges unanimously agreed that oral arguments were not necessary

The Appeal notice says this:
"In accordance with Fed. R. App. P. 34, this is to advise you that a panel of three judges, after examination of the briefs and record, unanimously agree that oral argument is not needed in this case. Consequently, pursuant to Fed. R. App. P. 34(a), this case will be submitted on the briefs without oral argument."

This in my opinion is a good thing, a very good thing for 3ABN, because the rule the court cites says this:
Standards. Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the following reasons:

(A) the appeal is frivolous;
(B) the dispositive issue or issues have been authoritatively decided; or
(C) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.
I believe all 3 conditions apply in this case and that Pickle and Joy are going to lose.
~ Cindy
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