Court of Appeals denies Joy and Pickle
Posted: Sun Jun 12, 2011 6:46 pm America/Denver
On May 24 Bob Pickle stated, "Today we filed our petition for panel rehearing and rehearing en banc in our two appeals. We'll see what happens."
The First Circuit Court of Appeals has denied that request. The significance is, that Joy and Pickle's appeal of the dismissal of the original action was denied by the court of appeals. The next option after the denial is an en banc hearing:
Cases in United States Courts of Appeals are heard by a three-judge panel. A majority of the active circuit judges may decide to hear or rehear a case en banc. Parties may suggest an en banc hearing to the judges, but have no right to it. Federal law states en banc proceedings are disfavored but may be ordered in order to maintain uniformity of decisions within the circuit or if the issue is exceptionally important.[citation needed] Each court of appeals also has particular rules regarding en banc proceedings. Only a court sitting en banc or the Supreme Court of the United States can overrule a prior decision in that circuit; in other words, one panel cannot overrule another.
Pub.L. 95-486 states that for courts with more than 15 judges, an en banc hearing may consist of "such number of members of its en banc courts as may be prescribed by rule of the court of appeals." So far, only the United States Court of Appeals for the Ninth Circuit, with 28 judges, utilizes that procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can hear the case with all judges participating. In practice, however, such a hearing has only been asked for four times; the requests have all been denied.[4][5][6]
The United States Court of Appeals for the Fifth Circuit, with 17 judges, is eligible to adopt a similar procedure and has done so in 1986. State of La. ex rel. Guste v. M/V TESTBANK , 752 F.2d 1019 (5th Cir. 1985) (en banc). http://en.wikipedia.org/wiki/En_banc
The Appeals court denied the original appeal, and then denied the request for a do-over. That leaves only the US Supreme Court as a last venue. They will only accept cases that bring a new consideration to the court. No judge from the district level on up has found Joy and Pickle to have a supported, credible argument. Their attacks on the integrity of the presiding judge were also refuted by the court.
Official court documents follow.
The First Circuit Court of Appeals has denied that request. The significance is, that Joy and Pickle's appeal of the dismissal of the original action was denied by the court of appeals. The next option after the denial is an en banc hearing:
Cases in United States Courts of Appeals are heard by a three-judge panel. A majority of the active circuit judges may decide to hear or rehear a case en banc. Parties may suggest an en banc hearing to the judges, but have no right to it. Federal law states en banc proceedings are disfavored but may be ordered in order to maintain uniformity of decisions within the circuit or if the issue is exceptionally important.[citation needed] Each court of appeals also has particular rules regarding en banc proceedings. Only a court sitting en banc or the Supreme Court of the United States can overrule a prior decision in that circuit; in other words, one panel cannot overrule another.
Pub.L. 95-486 states that for courts with more than 15 judges, an en banc hearing may consist of "such number of members of its en banc courts as may be prescribed by rule of the court of appeals." So far, only the United States Court of Appeals for the Ninth Circuit, with 28 judges, utilizes that procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can hear the case with all judges participating. In practice, however, such a hearing has only been asked for four times; the requests have all been denied.[4][5][6]
The United States Court of Appeals for the Fifth Circuit, with 17 judges, is eligible to adopt a similar procedure and has done so in 1986. State of La. ex rel. Guste v. M/V TESTBANK , 752 F.2d 1019 (5th Cir. 1985) (en banc). http://en.wikipedia.org/wiki/En_banc
The Appeals court denied the original appeal, and then denied the request for a do-over. That leaves only the US Supreme Court as a last venue. They will only accept cases that bring a new consideration to the court. No judge from the district level on up has found Joy and Pickle to have a supported, credible argument. Their attacks on the integrity of the presiding judge were also refuted by the court.
Official court documents follow.