Goyke case

Discussion in 'GA Laws and Politics' started by fmlaw1, Dec 9, 2010.

  1. fmlaw1

    fmlaw1 Active Member

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    Wasn't the hearing today before the 11CA?
     
  2. rmodel65

    rmodel65 Yukon Cornelius

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    zep waiting on info
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Judges appeared hostile to the standing of Plaintiffs, especially Judge Pryor, so GCO may be starting over on this one soon, after eliminating all standing arguments, something it has been in the process of doing even before the argument.
     
  4. fmlaw1

    fmlaw1 Active Member

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    Sounds promising for GCO!
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Judge Pryor recognized the obvious when he said, "We're going to see this again." GCO is not going away. It is a constitutional violation to deny a fundamental right to nonresidents who are yet American citizens. GCO is on this until it is fixed.
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    This case is front page news on today's Fulton County Daily Report!!
    JRM and Mr. Goyke are pictured in a nice clear photograph front and center Page 1.
    Good publicity for our cause, regardless of the result.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I saved a copy for him, since he is not a subscriber.
     
  8. cartman

    cartman Member

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    Let me know if he wants another copy, I'll hold on to mine for a few days. I think the write up was pretty accurate.
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Good appeal brief to the 11th Cir.

    Another example of how the law does not require a futile act can be found in landlord-tenant law.
    The statutes in Georgia say that the landlord must give 60 days' notice to a tenant to terminate the tenancy (assuming no material breach that would justify immediate eviction).

    But the caselaw says that the landlord does NOT have to give such notice where the facts and circumstances of the case show that such notice would have been futile, and tenant would not have used that time to find a new home and move out. For example, tenants who flatly tell the landlord they're not moving regardless of what the lease says. For such circumstances, the 60 day notice rule is inapplicable, as it would be clearly futile.