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Joined: Mar 2013
Posts: 15,167 Likes: 7
Old Mossy Horns
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Old Mossy Horns
Joined: Mar 2013
Posts: 15,167 Likes: 7 |
A ethics complaint needs to be filed at the least.
Would walk over a naked woman to get to a gobblin turkey!
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Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437 |
One thing I found interesting in the post that was deleted by the Judge was that the boys didn't testify and defend themselves. That is disturbing to me because, one of the specific rights we have under the constitution of the United States and the constitution and laws of the state of Alabama is the right not to testify. It is also abundantly certain that excersing your right not to testify can not be used against you and should not be considered evidence of guilty. If fact, a defendant in a criminal trial does not have to prove anything, he certainly doesn't have to prove his innocence. He has no burden, the burden is completely on the state to PROVE his guilt beyond a reasonable doubt.
If the state fails to meet that burden, a defendant is due to be found not guilty.
In this case, it sounds very much like the judges didn't want to upset their friend the ex game warden. They found these boys guilty without any real evidence.
A guilty verdict can be based on circumstantial evidence, but not on speculation or conjuncture.
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12 point
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12 point
Joined: Nov 2013
Posts: 5,050 |
I don't know much about the law but if the retired game warden said they shot a rifle from the road, most likely at deer, wouldn't you think he would have called game wardens instead of the police? I mean during the first trial all three charges had to do with hunting.
Last edited by Bamabucks14; 10/31/15 03:46 AM.
"Here, take this land mine and protect your property with it."
-Ron Swanson
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12 point
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12 point
Joined: Feb 2013
Posts: 5,000 |
He delete it for a reason. He was wrong in what he posted and knows it.
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Joined: Jan 2005
Posts: 25,190 Likes: 161
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 25,190 Likes: 161 |
As deer season approaches, all the hunters out there might want to pay close attention:
FACTS
Basically, a conservation officer believed he heard shots being fired from a truck driven by these defendants around 6:30/6:45 at night. He didn�t see anyone fire a weapon or even a muzzle flash �essentially, he only heard what he thought were shots fired from a gun. No shell casings were recovered and the deputy sheriff that later investigated couldn�t determine whether shots had recently been fired from the rifle found in the defendant�s vehicle.
The defense argued the State couldn�t make a prima facie case based on this paltry evidence. The State relied on Rogers v. State, 491 So. 2d 987 (Ala. Crim. App. 1985) to defend the sufficiency of its showing, which held that the State presents a sufficient case of �night hunting� when it shows �that the accused (1) is in an area which deer or other protected animals are thought to frequent, (2) has in his possession a light, and (3) has in his possession a weapon or other device suitable for taking, capturing, or killing an animal protected by state law, (4) at night.� The circuit court and Court of Criminal Appeals agreed, relying on Rogers for all the offenses.
HOLDING � REVERSED AND RENDERED
The Court rejected Rogers on the theory that attempts to commit these hunting offenses require more than the Rogers standard provides. The Court�s discussion here is an interesting look into �the commencement of consummation� of a criminal offense, focusing on the holding of ATM v. State, 804 So. 2d 171 (Ala. 2000). Because Rogers did not accurately encompass �attempt� jurisprudence, the Court overruled that decision. In applying the accurate law regarding attempts, the Court found the State�s case insufficient and vacated and rendered the convictions.
This case is a great standard for assessing the sufficiency of �attempt� prosecutions. Who would the defendants file a complaint against the judge with? Especially in light of the judge shedding light on his admission that he didn't know who did what. I understand if you can't comment but this kind of thing just reaffirms my belief that the law , and justice, is sometimes corrupted by those who have no business being involved in the process.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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Boo Boo Head
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Boo Boo Head
Joined: Jan 2011
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We'll at least that's one less democrat we have on this site today. Maybe he gone
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Joined: Jan 2005
Posts: 25,190 Likes: 161
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 25,190 Likes: 161 |
We'll at least that's one less democrat we have on this site today. Maybe he gone I bet he's reading and he knows he has made a serious mistake.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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Joined: Apr 2000
Posts: 30,100 Likes: 49
Administrator
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Administrator
Joined: Apr 2000
Posts: 30,100 Likes: 49 |
He hasn't been banned. He probably won't have the balls to ever post on here again.
"I hate rude behavior in a man. I won't tolerate it." Captain Woodrow F. Call
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Boo Boo Head
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Boo Boo Head
Joined: Jan 2011
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That's what I meant. He gone on his own embarrassment I hope.
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Posts: 6,614 Likes: 21
14 point
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14 point
Joined: Jan 2011
Posts: 6,614 Likes: 21 |
The interesting thing is he appears to have been operating out of bounds for so long he completely forgot about burden of proof, and even just acting like a fair and decent judge. He's so out of touch he came on a public website and casually dismissed the whole matter with no clue how his behavior and general attitude would be perceived. Then capped it all off with some dismissive story about being at a bull auction as if we would be impressed with those Country Boy Credentials.
What an asshole. Jerking around young men so he can feel like a big shot.
Last edited by M48scout; 10/31/15 03:58 AM.
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GUVNER
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GUVNER
Joined: Aug 2001
Posts: 82,745 Likes: 551 |
A ethics complaint needs to be filed at the least. Nepotism is the word you are looking for.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Jul 2011
Posts: 40,058 Likes: 138
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,058 Likes: 138 |
As deer season approaches, all the hunters out there might want to pay close attention:
FACTS
Basically, a conservation officer believed he heard shots being fired from a truck driven by these defendants around 6:30/6:45 at night. He didn�t see anyone fire a weapon or even a muzzle flash �essentially, he only heard what he thought were shots fired from a gun. No shell casings were recovered and the deputy sheriff that later investigated couldn�t determine whether shots had recently been fired from the rifle found in the defendant�s vehicle.
The defense argued the State couldn�t make a prima facie case based on this paltry evidence. The State relied on Rogers v. State, 491 So. 2d 987 (Ala. Crim. App. 1985) to defend the sufficiency of its showing, which held that the State presents a sufficient case of �night hunting� when it shows �that the accused (1) is in an area which deer or other protected animals are thought to frequent, (2) has in his possession a light, and (3) has in his possession a weapon or other device suitable for taking, capturing, or killing an animal protected by state law, (4) at night.� The circuit court and Court of Criminal Appeals agreed, relying on Rogers for all the offenses.
HOLDING � REVERSED AND RENDERED
The Court rejected Rogers on the theory that attempts to commit these hunting offenses require more than the Rogers standard provides. The Court�s discussion here is an interesting look into �the commencement of consummation� of a criminal offense, focusing on the holding of ATM v. State, 804 So. 2d 171 (Ala. 2000). Because Rogers did not accurately encompass �attempt� jurisprudence, the Court overruled that decision. In applying the accurate law regarding attempts, the Court found the State�s case insufficient and vacated and rendered the convictions.
This case is a great standard for assessing the sufficiency of �attempt� prosecutions. Who would the defendants file a complaint against the judge with? Especially in light of the judge shedding light on his admission that he didn't know who did what. I understand if you can't comment but this kind of thing just reaffirms my belief that the law , and justice, is sometimes corrupted by those who have no business being involved in the process. What about the DA? Who surely must be a "DA" btw. He needs to answer too. I think Brent nailed it with Roscoe and Boss Hogg.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Freak of Nature
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Freak of Nature
Joined: Jan 2005
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If anyone wants to complain about a judge and his handling of a case before him, the proper place for a complaint is with the judicial ethics board.
Any this wasn't just prosecuted by the DA of Lowdes County. The Attorney General's office handles the appeals.
This is proof of something I have said many times, prosecutors very often don't care if someone is guilty, they just want to win. And they will never admit they are wrong after a conviction even when handed proof of innocence or even when someone else has confessed to the crime. They always take the position that the person was guilty or the judge or jury wouldn't have convicted them.
Last edited by doekiller; 10/31/15 04:26 AM.
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Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,183 Likes: 254 |
It's abuse of authority like this that has caused good, upstanding citizens to cause great bodily harm to said abusers in days gone by.
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Freak of Nature
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Freak of Nature
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One more thing. This boys didn't "waive their right to a jury trial". They were granted youthful offender. A youthful offender has no right to a jury trial.
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Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 39,598 |
That's what I meant. He gone on his own embarrassment I hope. Now Matt you know those types don't get embarrassed over what they do. He's laughing it up with some of his cronies talking about all us redneck deer hunters that think he's an idiot. He considers himself untouchable and until proven different, he will continue to be.
If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. 2 Chronicles 7:14
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Boo Boo Head
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Boo Boo Head
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That's right Brad. Unfortunately there's a long line of crooked judges from Lowndes county and I guess the streak continues.
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8 point
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8 point
Joined: Nov 2011
Posts: 2,286 |
Guys JWC is about as regular average middle class as folks can be. She is my moms best friend. I can not imagine the financial strain it caused their family and the sacrifices that were made to prove their son innocent!
Also it makes you wonder when you take in consideration Augustus 65's comment during the caveman campcreek chronicles that all baiting convictions last year in Lowndes County were for out of state hunters (mostly Florida with 2 from Louisiana). No one local was convicted of baiting,,,,Hmmmm????
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Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 25,190 Likes: 161 |
I have some friends who are reporters and producers for WSFA 12 in Montgomery. I'm going to see if they are interested in this story.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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Joined: Mar 2001
Posts: 12,477 Likes: 62
Booner
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Booner
Joined: Mar 2001
Posts: 12,477 Likes: 62 |
One has to admire JWC & family for not quitting on this until all three of these boys were vindicated of the judgments rendered by the lower courts.
Good job!
I'm thankful the Supreme Court got it right.
Now the Lowndes County judge and his kangaroo court needs to be exposed and complaints filed through the proper channels that doekiller mentioned.
Cuz-Pat
Patton's European Mounts
Professional Quality Skull & Antler Taxidermy
Since 1998
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