Tony Nenninger’s suit was dismissed on summary judgment by the U.S. District Court of Western Arkansas – skirting the issues entirely. He took it up to the 8th Circuit Court of Appeals in St. Louis, filing his Appellant’s Brief on 20 Nov.’08… a most scholarly endeavor, making the deepest court record on these issues to date.
Appellant’s Brief, 11/20/08 (pdf) –– “Appellant’s Opening Brief”, on appeal of District Court’s dismissal to the 8th Circuit Court of Appeals in St. Louis… filed on 20 Nov. 2008. (71 pp.) PDF version, 528 kb. The filing included an attached 43-page Addendum of case & policy documents, a separate 52-page Addendum of Legal Authorities, and a 600-page Appendix of facts & evidence in 2 large binders.
Appellant’s Brief, 11/20/08 (doc) –– …as above, MS Word ‘.doc’ version, 192 kb.
Brief Addendum, Index –– contents of document Addendum attached to the Brief.
Legal Addendum, Index –– contents, “Addendum of Legal Authorities for Appellant’s Opening Brief”
Appendix Index –– contents of 600-page Appendix filed with the Appellant’s Brief, 11/20/08.
Govt’s Appellee Brief – filed 5 Jan.’09 –– Responding Brief for the Appellee (FS), filed in the 8th Circuit on 1/5/09.
Appellant’s Reply Brief – filed 23 Jan. ’09 –– The Appellant’s final brief, in reply to the Govt brief previously filed, rebutting the arguments raised against his Appeal. The 8th Circuit judges will review these filings and rule within the next few months.
Opinion, 8th Circuit – 27 Nov.’09 –– A cursory ruling, upholding the fast dismissal of the case by the District Court (W.Dist.Arkansas)… addressing none of the issues, stating no legal grounds.
Appellant’s Petition for Rehearing – 10 Jan.’10 –– In light of the lame non-ruling by the Appeals Court, Nenninger filed a ‘Petition for Panel Rehearing or… for Rehearing En Banc’, seeking a broader review of the case — showing that the ruling leaves conflicts with accepted law on matters of compelling 1st Amendment concern.
Government Response to Petition for Rehearing – 25 Jan.’10 –– …opposing the Appellant’s Petition… obviously.
Order, Rehearing Denied – 10 Feb.’10 –– Another cursory ruling: Petition for Rehearing summarily denied, no explanation… again.
Mandate – 19 Feb.’10 –– The ‘Mandate’ is entered to mark procedural closure in the Court of Appeals and apply its ruling — here upon exhausting the ‘Rehearing’ process, per Rule 41(a), Fed. Rules of Appellate Procedure. Thereafter, the Mandate is only held in abeyance if the case is brought up to the U.S. Supreme Court.
Supreme Court Petition for Certiorari – 9 May ’10 — “Petition for Writ of Certiorari” taking the appeal up to the U.S. Supreme Court, seeking review of lower court rulings on 1st, 4th, and 5th Amendment grounds, and under the Religious Freedom Restoration Act of 1993.