Panel strikes overnight emergency motion, proceeds to oral argument

At the start of the session the panel addressed an overnight filing labeled "appellant's emergency motion for stay and for clarification." The presiding judge explained that after review the panel could not discern an emergency or any basis in appellate procedure to treat the submission as an emergency and ordered it stricken: ‘‘We we we can't, for the life of us, figure out what is remotely an emergency, and it does not appear to be a document that has any basis in the rules of the appellate procedure. And so it'll be stricken and not considered.’’

With the motion stricken the court moved on to scheduled oral argument on the merits; no further procedural action was announced at the hearing.