US appeals court denies bid to resurrect Bundy standoff case

LAS VEGAS (AP) – A U.S. appeals court refused Thursday to resurrect the criminal case against states’ rights figure Cliven Bundy, family members and others stemming from a 2014 armed standoff with federal agents trying to round up Bundy cattle near the family ranch in Nevada.

The 9th U.S. Circuit Court of Appeal in San Francisco denied prosecutors’ efforts to overturn U.S. District Judge Gloria Navarro’s decision to stop a months-long trial in January 2018 for “flagrant” prosecutorial misconduct and her dismissal of the criminal indictment so it could not be re-filed.

“The judgment is affirmed,” Judge Jay Bybee wrote for the three-judge panel that heard oral arguments May 29. The judges found Navarro properly identified violations of “recognized statutory or constitutional” rights, and she had the authority to punish the government “to deter future illegal conduct.”

Bundy, his sons Ryan and Ammon Bundy, and Montana militia leader Ryan Payne had faced life in prison. But they were set free after nearly two years of detention ahead of trial on charges including conspiracy and assaulting federal officers. Continue reading “”

Jenna Ellis and Charles LiMandri to Represent Pastor John MacArthur Against City of Los Angeles and State of California

“Last week, it was reported that Pastor John MacArthur of Grace Community Church in Sun Valley, California, defied the state’s COVID-19 mandates on specific counties to limit worship gatherings, which had been announced by Democrat governor Gavin Newsom on July 13th .

In a statement, MacArthur said that, “[I]n response to the recent state order requiring churches in California to limit or suspend all meetings indefinitely, we, the pastors and elders of Grace Community Church, respectfully inform our civic leaders that they have exceeded their legitimate jurisdiction. Faithfulness to Christ prohibits us from observing the restrictions they want to impose on our corporate worship services.”

Now, MacArthur says he has been warned he could face fines or even arrest, according to Fox News.

To fight this obvious infringement on religious liberty and First Amendment rights, MacArthur will be represented by nationally renowned attorneys Jenna Ellis and Charles LiMandri as Special Counsel. Continue reading “”

Gun Stores Have Standing to Raise Their Customers’ Second Amendment Rights
in challenge to Maryland’s handgun license requirement.

So the Fourth Circuit held today in  Maryland Shall Issue v. Hogan, in an opinion written by Judge Steven Agee and joined by Judges Barbara Keenan and Julius Richardson. The court cited Supreme Court cases that allowed alcohol stores to assert their prospective customers’ Equal Protection Clause rights in challenging sex-discriminatory drinking ages, and contraceptive sellers to assert their prospective customers’ substantive due process rights. The district court will now need to consider whether the Maryland law is consistent with the Second Amendment.

They’re ditzheads, but they retrained enough sense that they did remand this back to the trial court for a new penalty phase of the trial….so…. a jury could sentence him again to death.


Appeals Court Tosses Death Sentences for Boston Marathon Bomber Dzhokhar Tsarnaev

Mayor Ethan Berkowitz gives a COVID-19 community update
Mindy Kaling and More Stars Who Normalize Adult Acne on Social Media
Law & Crime logoAppeals Court Tosses Death Sentences for Boston Marathon Bomber Dzhokhar Tsarnaev

A panel of three judges on the First Circuit Court of Appeals has vacated multiple death sentences for convicted Boston Marathon bomber Dzhokhar Tsarnaev. In so doing, the court dismissed several underlying convictions, but not all of them: “Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him,” the judges said, hoping their message was “crystal clear.” Elsewhere, the judges repeated their command to make sure their decision was not misinterpreted: “make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution.”

Court Overturns Death Sente… by Law&Crime on Scribd

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Judge Orders Kim Gardner to Turn Over Records of Communications With Soros in Eric Greitens Case
Circuit attorney has ignored open records request for over a year concerning records in bungled prosecution against former Missouri Gov. Eric Greitens.

A judge has ordered the chief prosecutor for St. Louis to release records from the bungled prosecution of former Missouri Gov. Eric Greitens following a yearlong fight to obtain those records through a state sunshine law request.

The sunshine request, brought by Just the News founder John Solomon, was presented to St. Louis Circuit Attorney Kim Gardener last July. The query sought the release of roughly two and a half years’ worth of communications between Gardner, her staff, and numerous individuals such as George Soros, the Missouri Workforce Housing Association, state Representatives Stacy Newman and Jay Barnes, and others.

Gardner first ignored the request and then claimed that the requested documents were exempt from the state’s sunshine provision.

Solomon’s legal team, from the Southeastern Legal Foundation and the Freedom Center of Missouri, said in a filing in April that those decisions by Gardner’s office were knowing violations of Missouri’s sunshine law. In that filing they asked for the release of the documents and for the awarding of several thousand dollars’ worth of damages pursuant to state statute.

Circuit Judge Christopher McGraugh ruled in Solomon’s favor on Monday. The circuit attorney’s office has signaled it will appeal the order. Continue reading “”

DC Circuit Tosses Flynn Order, Will Rehear En Banc

So much for clearing things up. The DC Circuit Court of Appeals tossed an earlier 2-1 ruling written by Judge Neomi Rao ordering Judge Emmet Sullivan to dismiss charges against Michael Flynn, as requested by the Department of Justice. Instead, the full bench of the appellate court will rehear the arguments presented by attorneys from all three parties — Flynn, the DoJ, and Sullivan himself:

A federal appeals court on Thursday tossed out its order that a trial court judge dismiss the criminal case against former national security advisor Michael Flynn, and said it will rehear arguments on the issue.

The ruling is a blow both Flynn and the Justice Department, which has sought to drop the prosecution of him for lying to FBI agents about his conversations in the weeks before the inauguration of President Donald Trump. …

A three-judge panel in the federal Circuit Court of Appeals in Washington in late June ordered Sullivan to dismiss the case after hearing arguments from lawyers for the judge, Flynn and prosecutors.

But Sullivan asked the full appeals court to reconsider that order, which is said Thursday it will do.

It took nearly three weeks for the court to rule on Sullivan’s request for an en banc review. That in itself might indicate some reluctance to take on a case that hasn’t exactly reflected glory on anyone involved in it, including most assuredly Emmet Sullivan and the court. The fact that they granted this means that they are concerned that all of the irregularities have added up to a mess that requires very careful deliberation to unravel. Continue reading “”

She just had another bile duct procedure a little over 2 weeks ago.
Now, I’m no doctor, but this is looking more and more like ‘heroic measures’ to keep her alive as long as possible with her hoping Trump won’t be re-elected.


Ruth Bader Ginsburg Undergoes Medical Procedure at Hospital

WASHINGTON (AP) — Justice Ruth Bader Ginsburg has undergone a nonsurgical medical procedure in New York City and expects to be released from a hospital there by the end of the week, the Supreme Court said Wednesday night.

The court said in a statement that the 87-year-old Ginsburg underwent a minimally invasive procedure to “revise a bile duct stent” at Memorial Sloan Kettering Cancer Center. The stent had originally been placed last August, when Ginsburg was treated for a cancerous tumor on her pancreas.

Not that we already hadn’t figured this out, but it’s nice to see others are realizing Roberts is a political hack with an eye for what power he can aggrandize to himself.
What is really interesting is that he voted for Heller & McDonald.


Conservative Justices Declined to Take Up Second Amendment Case after Roberts Signaled He Would Side with Liberals: Report

The conservative wing of the Supreme Court reportedly declined to take up a case dealing with Second Amendment rights after Chief Justice John Roberts indicated that he would vote with the court’s liberal justices.

In June, the justices rejected petitions from 10 challenges relating to state restrictions on firearms after Roberts signaled he would not vote with them, depriving the court’s conservatives of the fifth vote needed to overturn gun regulations, CNN reported Monday. Continue reading “”

The Chief of Seattle police basically concedes if you or your property are attacked by the mob, you won’t get much assistance.

Aaaaand. U.S. District Judge James Robart has issued a temporary injunction stopping implementation of the the Seattle city council ordinance limiting police use of some riot control agents, scheduled to take effect Sunday. But that doesn’t mean the popo there are going to do anything more than absolutely necessary, and that only if it won’t put them in any danger.


“Well, we’ll see a lot of vigilante justice. And what are people gonna do about it? Call the cops? Remember, in the end the police aren’t there to protect the public from criminals, they’re there to protect criminals from the public. Communities dealt with crime long before police were invented, usually in rather harsh and low-due-process ways. The bargain was, let the police handle it instead.
No police, no bargain.”—
Prof. Glenn Harlan Reynolds


 

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Oregon Firearms Federation successfully argues that the homeless aren’t exempt from exercising 2A rights

Gun owners were victorious in Clackamas County today.

Pro Gun Rights Attorney Shawn Kollie successfully defended Warren Mitchell’s right to have an Oregon Concealed Handgun license in spite of the fact that he is technically homeless.

While currently homeless, Mitchell was nevertheless a longtime resident of Clackamas County. He received mail, including a government stimulus check, at a Clackamas County facility and met every other qualification.

Clackamas County denied a renewal for him based on their position that he was not legally a resident of the county.

Oddly, the County said in their petition defending the Sheriff’s refusal to renew:

It should be noted that although the term “resident” is not defined in ORS Chapter 166, it is defined in several other Oregon statutes. A common and helpful definition of “resident” is a person who has resided within a specific city, county, or the State  continuously for at least six months prior to date of an application.

This is strange because ORS 166, the section of Oregon law that deals with firearms, very specifically DOES define “resident”, in this case exactly for the purposes of obtaining an Oregon CHL.

As we noted, and as Attorney Kollie pointed out, Mr. Mitchell met every single requirement.

The panic caused by Covid has created many new challenges for gun owners. Obviously for many, simply buying a gun has become very difficult. For quite a long time, Clackamas County used Covid as an excuse to refuse to issue new permits or even renew existing ones.  As of today, they are  issuing and renewing but there is no telling if they will continue given the Governor’s every changing draconian mandates and shut down threats.

We are grateful for the excellent work of Mr. Kollie and pleased that Warren Mitchell is not being denied a basic right because of his current housing situation.

So, the Florida state legislature has preemption for gun laws, but when the local gubbermints get slapped down for passing illegal laws, they whine they shouldn’t be punished as the law allows. And then they hypocritically claim this will be bad for democracy.


Appeals court weighs penalties for local gun regulations, based on lawsuits filed after Parkland school shooting

TALLAHASSEE — Imposing stiff penalties on city and county officials who approve gun regulations that go beyond state firearms laws came under scrutiny Tuesday, as an appeals court considers a lower-court ruling in lawsuits filed after the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County.

Dozens of city and county officials filed the lawsuits challenging a 2011 state law that threatens the penalties. The government officials, many from South Florida, said the law had a “chilling effect” on their ability to enact ordinances aimed at reducing gun violence.

Leon County Circuit Judge Charles Dodson last July ruled that, while the Legislature has the authority to prevent local governments from passing gun regulations that are stricter than state laws, local officials cannot be punished for enacting such measures. Lawyers for Attorney General Ashley Moody and Gov. Ron DeSantis asked the 1st District Court of Appeal to overturn the decision.

During arguments in the case Tuesday, Edward Guedes, a lawyer who represents the elected officials, told a three-judge panel of the appellate court that Dodson’s ruling should be upheld, in part because local governments are entitled to “absolute legislative immunity” when acting in their official capacity.

“We are at a very important threshold, that once we cross it, local democracy becomes meaningless,” Guedes said.

But Judge Brad Thomas appeared unconvinced.

“Let’s go back to my hypothetical, where the local government knowingly passes an ordinance in violation of state law, imposes a 60-day potential jail time on a citizen, a citizen is arrested and put in jail under a county ordinance that was clearly preempted. Does the Legislature not have the right to prevent that kind of evil?” he asked.

“Not at the expense of constitutional principles,” Guedes replied.

Florida since 1987 has had what is known as a “preemption” law that prevents local governments from passing gun regulations that are stricter than state firearms laws. In 2011, lawmakers passed another measure that included a series of steps designed to prevent local governments and officials from violating the 1987 law, including imposing penalties of up to $5,000 against officials and potential removal from office.

The National Rifle Association-backed measure also allowed individuals and groups that successfully challenged local governments over gun regulations to receive damages up to $100,000 and attorney fees.

Dodson found that the 2011 law was unconstitutional, but he did not strike down the underlying 1987 law.

Deputy Solicitor General James Percival told the panel on Tuesday that the Legislature approved the law to discourage local officials from enacting tough gun ordinances.

“The chilling effect … is by design. The goal is to have local governments to stay out of this area, because there is preemption,” he said. “If you think about what the Legislature was really trying to do here, what they were really trying to do is they are saying, ‘We don’t want to force individual citizens to have to go to court every time a local government passes something that is close to the margins. We want to shift the burden to local governments.’”

Chief Judge Stephanie Ray questioned Guedes about the difference between officials who mistakenly approve stricter gun ordinances and “knowing and willful” actions targeted by the 2011 law.

Guedes said local officials could “get hauled into court” and asked about their reasons for voting on such measures.

“This is an intrusion, a dramatic intrusion into fundamental core principles of local democracy,” he argued, emphasizing that the gun-related measure is the only Florida law that mandates the punishment of local officials.

The case represents a “threshold” for local officials’ rights, Guedes said.

The Florida Constitution gives local officials immunity “to protect the process, to protect against the possibility of destroying local democracy,” he argued.

Thomas remained unpersuaded.

“Isn’t that exactly what the Constitution says, you do operate at the whim of the state Legislature? You call it the whim, but it’s actually a decision by 160 elected members [of the Legislature],” the judge said.

But Guedes said the 2011 law is different.

“We have absolutely no problem, your honor, with the Legislature telling local governments that they’re preempting an area of the law to them. None at all. Where we have our problem is, where there’s a punishment attached to it. This has never happened before in the history of Florida,” he argued.

Again, Thomas was unmoved.

“We are talking about the fundamental right of self-defense. Maybe the Legislature takes that very seriously,” the judge said.

Justice Ginsburg Hospitalized with Possible Infection

Justice Ruth Bader Ginsburg was hospitalized at Johns Hopkins Hospital in Baltimore for “a possible infection,” a Supreme Court spokesperson said on Tuesday.

Ginsburg was initially taken to a hospital in Washington, D.C., on Monday night after experiencing “fever and chills.” At 87 years old, Ginsburg is the eldest member the Supreme Court.

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That ruling is what makes ‘case law’. And the rest of the article shows how  prosecutors who wants to send someone to prison  for whatever reasons, will twist law for their own purposes.


Colorado Supreme Court reaffirms self-defense right to ‘stand your ground’

DENVER–In a June 29 ruling the Colorado Supreme Court threw out the conviction of a woman who stabbed a man in the neck during an altercation and ordered a new trial due to prosecutorial misconduct, as well as reaffirmed Colorado’s “no duty to retreat” rule, which, as Justice Hood wrote in the state high court’s decision, “permits non-aggressors to stand their ground when acting in self-defense.”

Sheila Monroe was convicted of attempted first-degree murder, first-degree assault and five habitual criminal charges and sentenced to 98 years in prison after she was tried for stabbing James Faulkenberry on the #16 Colfax Avenue RTD bus in Denver in October, 2011.

Monroe claimed self defense in the stabbing, saying after a heated argument with Faulkenberry he suddenly withdrew something from inside his coat that Monroe thought was a weapon. She immediately stabbed him in the neck with a pocket knife. Faulkenberry survived the attack.

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Supreme Court sides with Catholic schools in employment suit

WASHINGTON (AP) — The Supreme Court is siding with two Catholic schools in a ruling that underscores that certain employees of religious schools, hospitals and social service centers can’t sue for employment discrimination.

The high court’s ruling on Wednesday was 7-2.

The justices had previously said in a unanimous 2012 decision that the Constitution prevents ministers from suing their churches for employment discrimination. The justices said then that the Constitution’s required separation between church and state means that religious groups must be allowed to hire and fire individuals who serve as teachers or messengers of their faith, without court interference. But the court didn’t rigidly define who counts as a minister.

Tuesday’s case was one of 10 the high court heard arguments in by telephone in May because of the coronavirus pandemic.

Facing Court Loss, Defendants in California Gun Show Lawsuit Settle With SAF

BELLEVUE, WA – Faced with certain loss in court, defendants in a California lawsuit challenging a gun show moratorium at the Del Mar Fairgrounds in San Diego County have settled with the plaintiffs, including the Second Amendment Foundation and California Rifle & Pistol Association.

In addition, plaintiffs included B&L Productions, Inc., Crossroads of the West, South Bay Rod and Gun Club, Maximum Wholesale/Ammo Brothers and five private citizens.

“This is a victory for the First Amendment as well as the Second,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We’re delighted the 22nd District Agricultural Association and fairgrounds board decided against prolonging a legal action.”

SAF was represented by attorney Don Kilmer, who observed, “The gun culture belongs on Main Street and that is what this lawsuit was all about.”

A preliminary injunction against the fairgrounds moratorium was issued in June 2019.

“Gun shows are considered a First Amendment activity as well as a Second Amendment event,” Gottlieb stated. “Unfortunately, due to the COVID-19 outbreak, we haven’t been able to see a show held at the fairgrounds, but we’re looking forward to hearing from the gun show promotor that a date is set for another gathering sometime this year, hopefully.”

Under the agreement, the defendant will pay SAF’s attorney fees and costs, Kilmer said.

You can buy it, sell it. make it for your own use, but as you see from this man’s example, loading ammo for sale without a license from the bureaucraps at  ATF is not the smart thing to do.
My first squad leader’s axiom comes to mind:
“The best teacher is experience, and the best experience is someone else’s as it’s usually less expensive and painful.”


Man Who Supplied Ammo to Las Vegas Shooter Gets 13 Months

The Mesa, Arizona, man who supplied ammunition to the October 1, 2017, Las Vegas shooter was sentenced Tuesday to 13 months.

The Associated Press reports that 57-year-old Douglas Haig was sentenced for “manufacturing ammunition without a license.”

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