|
S |
M |
T |
W |
T |
F |
S |
|
|
|
|
|
1
|
2
|
3
|
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
|
25
|
26
|
27
|
28
|
29
|
30
|
31
|
|
|
12 members (coosabuckhunter, JohnG, ParrotHead89, Paint Rock 00, sevenup, eclipse829, Fishduck, BCLC, scrubbuck, capehorn24, nitroexpress, 1 invisible),
456
guests, and
0
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
|
Joined: Sep 2004
Posts: 37,026
Freak of Nature
|
|
Freak of Nature
Joined: Sep 2004
Posts: 37,026 |
Bucky, have you got a lawyer????
"Usually" if the LEO isn't present, esp on the third try, the judge will dismiss the case. Esp if the DA is not ready to proceed.
You're getting the run around, and drug thru the mud. Raise some hell if they try it again.
Geeze..
troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
|
|
|
|
|
Joined: Jan 2005
Posts: 24,507
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2005
Posts: 24,507 |
Yep. Pay a lawyer to file a motion to dismiss. I'm no attorney but I think they are infringing on your right to a speedy trial.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
|
|
|
|
|
Joined: Nov 2009
Posts: 15,547
Used to be TiderBD
|
|
Used to be TiderBD
Joined: Nov 2009
Posts: 15,547 |
Yep. Pay a lawyer to file a motion to dismiss. I'm no attorney but I think they are infringing on your right to a speedy trial. Yup
A servant of God and of the Lord Jesus Christ.
USAF Veteran
|
|
|
|
|
Joined: Oct 2010
Posts: 2,885
10 point
|
|
10 point
Joined: Oct 2010
Posts: 2,885 |
They are counting on you not showing up. You don't show up and they find you guilty and fine the crap out of you.
"Its a damn weak minded person who can only think of one way to spell a work." Andrew Jackson
|
|
|
|
|
Joined: Dec 2010
Posts: 307
4 point
|
|
4 point
Joined: Dec 2010
Posts: 307 |
Hey Bucky, just wanted to check and see what is going on with you case.
|
|
|
|
|
Joined: Feb 2011
Posts: 595
4 point
|
|
4 point
Joined: Feb 2011
Posts: 595 |
Wanted to update. Have been doing nothing but waiting on a trial date.
I got my jury trial today and argued the case as best I could. The jury found me guitly after some deliberation. Even though hard to swallow I will accept it that I was in the wrong. The biggest lesson I learned is never defend yourself. It is almost a guaranteed no win situation. Again, I have nothing ill to say about the officers. Yhey stated their side and I stated mine. We argued it in a court of law and he won. He did reccomend to the judge when sentenced that I reain my hunting privlidges, and she allowed me to do so. I really appreciated him doing that. Talking to the jury after the trial I found out that checking in and drawing of the permit was the states best evidence in proving I was hunting.
I truly appreciate all of the input that all of ypu provided.
The only thing we can do is fight as long as we can as hard as we can and god and courts decides the rest.
Godd luck to all and good hunting
"There are no easy days, not even yesterday"
|
|
|
|
|
Joined: Oct 2005
Posts: 10,997
Booner
|
|
Booner
Joined: Oct 2005
Posts: 10,997 |
Bucky, Sorry you chose not to be represented by a lawyer. I think you could have beat the charge with good representation. Any further explanation as to why the judge refused to accept your plea agreement? As for what the jury said: ... Talking to the jury after the trial I found out that checking in and drawing of the permit was the states best evidence in proving I was hunting.
So, they thought you were hunting continuously from the time you arrived until you left the WMA just because you checked in and picked up a permit that gave you permission to hunt? All of them agreed to that? [Edit: to address your following statement.] ... Even though hard to swallow I will accept it that I was in the wrong. I don't agree that you were in the wrong. I haven't found Alabama case law to support that opinion, but I did find case law in Arkansas that proved some young people were not in the wrong after they were charged with road hunting. It turned out that their state was wrong after they continued to fight for what was right: ARKANSAS GAME AND FISH COMMISSION v. MURDERS
ARKANSAS GAME AND FISH COMMISSION, Appellant, v. Nelson Murders, Jr., Roland Bates, Judy Pickering, Roy Pickering, Dean Meredith, Verdell Meredith, and Darrell Bratton, Appellees.
No. 96-338.
-- March 03, 1997
... However, while we have said that t he Commission has broad discretion in carrying out its powers, see Chaffin v. Ark. Game & Fish Comm'n, 296 Ark. 431, 757 S.W.2d 950 (1988), its discretion is not unfettered. The Commission's power to regulate the manner of taking game certainly does not translate into a general power to regulate the general possession of all firearms on city, county, state, or federally maintained roads or rights-of-way.
An overbroad statute is one that is designed to punish conduct which the state may rightfully punish, but which includes within its sweep constitutionally protected conduct. McDougal v. State, 324 Ark. 354, 359-360, 922 S.W.2d 323 (1996), citing 4 R. Rotunda & J. Novak, Treatise on Constitutional Law, § 20.8 (2d ed. 1992). The Commission's rule, as amended, essentially shifts the burden to non-hunters who possess loaded or uncased firearms on city, county, state, or federally maintained roads or rights-of-way, to prove that he or she is not engaged in the prohibited act of road hunting. When examining amended rule 18.04, we conclude that it may include within its sweep innocent and legitimate conduct. For example, it is an affirmative defense to the charge of carrying a weapon that the person charged was carrying the weapon upon a journey. See Ark.Code Ann. § 5-73-120(c)(4) (Supp.1995). The amended rule is thus overbroad, and exceeds the Commission's authority granted under Amendment 35 to regulate the manner of taking game.
Because we agree with the trial court that amended rule 18.04 is unconstitutionally overbroad, it is unnecessary for us to reach the Commission's remaining arguments on appeal. Based upon the foregoing, the decision of the trial court is affirmed.
Our DCNR also has a constitutionally overbroad defintion of hunting. You are a victim of that overbroad defintion. You were not in the wrong. Our state is in the wrong just as Arkansas was in the wrong.
Last edited by 49er; 09/14/11 09:47 AM.
|
|
|
|
|
Joined: Nov 2009
Posts: 15,547
Used to be TiderBD
|
|
Used to be TiderBD
Joined: Nov 2009
Posts: 15,547 |
I commend you for coming back on here and giving us an update even though the results were not in your favor. This action tells me all I need to know about Bucky. Good hunting to you as well sir!!
A servant of God and of the Lord Jesus Christ.
USAF Veteran
|
|
|
|
|
Joined: Dec 2007
Posts: 4,690
10 point
|
|
10 point
Joined: Dec 2007
Posts: 4,690 |
I commend you for coming back on here and giving us an update even though the results were not in your favor. This action tells me all I need to know about Bucky. Good hunting to you as well sir!! X2!
|
|
|
|
|
