Paul L. Caron

Thursday, October 19, 2006

Is D.C. Circuit Leaning Toward Granting Rehearing En Banc in Murphy?

In response to the Government's October 5 petition for rehearing en banc in Murphy v. United States, 460 F.3d 79 (D.C. Cir. 8/22/06), the D.C. Circuit on October 11 ordered that Murphy file a response by October 26 and stated that the court would not permit the Government to file a reply:

ORDERED, on the court’s own motion, that, within 15 days of the date of this order, appellants file a response to the petition for rehearing en banc, not to exceed 15 pages. Absent further order of the court, the court will not accept a reply to the response.

This suggests that the D.C. Circuit may be considering granting the the petitiion, as Rule 40(a)(3) provides:

(3) Answer. Unless the court requests, no answer to a petition for panel rehearing is permitted. But ordinarily rehearing will not be granted in the absence of such a request.

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Tracked on Oct 20, 2006 5:28:19 AM