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10 point
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10 point
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I have read this whole thread including attachments and commentary. A few thoughts. I think a lot of the people who are outraged don't understand how Rogers v State changed the way night hunting violations were prosecuted. Under Rogers, the State did not have to prove you were hunting. Literally it only required the State to prove you were riding around in Deer country with a gun and a light!! Let me be clear, if I was the Judge I would have found these boys not guilty. But when you understand the Rogers case and how little evidence it took to make a prima facia case of night hunting you realize it's not the scandal this site is making it out to be. Frankly, I think more than a few of you fellers owe the Judge an apology. Any Judge deserves respect even when you think he made a bad decision but especially a Judge who is also an established Aldeer member. How many Judges in this State would have had the nuts to comment at all??? Much less be an actual contributor to Aldeer. Keep in mind that the court of Criminal appeals agreed with both the District Judge and the Circuit Judge. The only way the Supreme Court reversed their decisions was to change the law!! And by the way I have never stepped foot in Lowndes District court and have never met any of the people involved. Congrats to the OP and boys for changing a bad law! That's really something to be proud of. After reading it all I agree with you. Glad the boys were found innocent but I don't believe most are going to read the opinion and discover how the reversal came about and why. I don't think it was the initial decision that is receiving such scrutiny. It is the judges own admission that he didn't know who exactly, if any, were guilty, so he just charged them all. That shows poor judgment at worst and good ol boy corrupt politics at its worst. Why do you think the judge deleted his admission? He knows what he did, he just didn't think us bunch of rednecks would recognize it. Just to clarify, who did what is not necessary in criminal cases. There can be guilt by aiding. What I mean is that if a group of gang bangers drive by and you witness a hand come out and shoot someone. If the cops stop them down the road and find a gun but all refuse to talk then they can all be charged. Just because they don't know exactly which one did it does not mean they just let them go. Same as if a car gets pulled over with a kilo of cocaine but nobody owns up. Poor comparison when there was no evidence anyone had even fired a gun, no deer and no witnesses. The judge deleted his comments for a reason. He, and most others, know why. My comparison was to simply point out that the exact person need not be identified in a suspected crime. They were using a theory of liability based on Rogers to make the case. They didn't have to have a deer just a place where deer were. According to Rogers you need 1) A light (headlights) 2) an area where deer or other animals are thought to frequent 3) A weapon That's it for prima facie The court said they were determining if just possessing a light and gun fell under night hunting.Basically the court said Rogers case argument does not support the prima facie.
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Joined: Mar 2015
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12 point
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12 point
Joined: Mar 2015
Posts: 6,282 Likes: 30 |
What about the illegal traffic stop by someone impersonating an LEO?
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Joined: Mar 2015
Posts: 6,282 Likes: 30
12 point
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12 point
Joined: Mar 2015
Posts: 6,282 Likes: 30 |
No evidence would be admissible to make a prima fascia case. Yes or NO or MAYBE?
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Freak of Nature
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Freak of Nature
Joined: Feb 2002
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The Rogers case is a piece of legal fecal matter that needs to be rescinded. I'm in LOTS of places where deer are, at night and well armed. I reckon that sets me up for arrest an any point going forward, especially when time changes and it's dark when leaving work. There's a 50 mile stretch of road with deer subject to be anywhere along the way.
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10 point
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10 point
Joined: Feb 2008
Posts: 3,275 |
What about the illegal traffic stop by someone impersonating an LEO? He blocked them in. That would not be viewed as a traffic stop. He wasn't a reserve so he is a citizen. I don't see color of law for a civil rights violation. I'd have to look again at impersonating. Jawbone may remember. I'll try to look it up but I gotta go to a ball game for now.
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Joined: Feb 2008
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10 point
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10 point
Joined: Feb 2008
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The Rogers case is a piece of legal fecal matter that needs to be rescinded. I'm in LOTS of places where deer are, at night and well armed. I reckon that sets me up for arrest an any point going forward, especially when time changes and it's dark when leaving work. There's a 50 mile stretch of road with deer subject to be anywhere along the way. Not any more. That's what the court reversed on. They said possessing at night like that wasn't hunting. That's the whole argument here.
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12 point
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12 point
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Booner
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Booner
Joined: Jan 2012
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His comments on the Carson/Islam thread told me all I needed to know about him.
Last edited by ridgestalker; 10/31/15 09:01 AM.
"The Heavens declare the glory of God;and the firmament sheweth his handiwork" Pslam 19:1
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10 point
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10 point
Joined: Dec 2004
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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. Heck ya! There ain't nothing else going on around here. Call them up. They need to at least do a story on it. People can take whatever side they want.
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Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 40,058 Likes: 138 |
How many Judges in this State would have had the nuts to comment at all??? I don't think it took nuts, maybe rocks in his head. Man in his position should be sharp enough to keep his mouth shut in this situation. Not a smooth move on his part.
"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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GUVNER
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GUVNER
Joined: Aug 2001
Posts: 82,758 Likes: 553 |
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. Heck ya! There ain't nothing else going on around here. Call them up. They need to at least do a story on it. People can take whatever side they want. You might do better to contact Yellowhammer News. This is right up their venue. WSFA will not report on a democrat judge doing wrong, its against their NBC directives.
"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: Feb 2009
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Booner
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Booner
Joined: Feb 2009
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I have read this whole thread including attachments and commentary. A few thoughts. I think a lot of the people who are outraged don't understand how Rogers v State changed the way night hunting violations were prosecuted. Under Rogers, the State did not have to prove you were hunting. Literally it only required the State to prove you were riding around in Deer country with a gun and a light!! Let me be clear, if I was the Judge I would have found these boys not guilty. But when you understand the Rogers case and how little evidence it took to make a prima facia case of night hunting you realize it's not the scandal this site is making it out to be. Frankly, I think more than a few of you fellers owe the Judge an apology. Any Judge deserves respect even when you think he made a bad decision but especially a Judge who is also an established Aldeer member. How many Judges in this State would have had the nuts to comment at all??? Much less be an actual contributor to Aldeer. Keep in mind that the court of Criminal appeals agreed with both the District Judge and the Circuit Judge. The only way the Supreme Court reversed their decisions was to change the law!! And by the way I have never stepped foot in Lowndes District court and have never met any of the people involved. Congrats to the OP and boys for changing a bad law! That's really something to be proud of. After reading it all I agree with you. Glad the boys were found innocent but I don't believe most are going to read the opinion and discover how the reversal came about and why. I don't think it was the initial decision that is receiving such scrutiny. It is the judges own admission that he didn't know who exactly, if any, were guilty, so he just charged them all. That shows poor judgment at worst and good ol boy corrupt politics at its worst. Why do you think the judge deleted his admission? He knows what he did, he just didn't think us bunch of rednecks would recognize it. Just to clarify, who did what is not necessary in criminal cases. There can be guilt by aiding. What I mean is that if a group of gang bangers drive by and you witness a hand come out and shoot someone. If the cops stop them down the road and find a gun but all refuse to talk then they can all be charged. Just because they don't know exactly which one did it does not mean they just let them go. Same as if a car gets pulled over with a kilo of cocaine but nobody owns up. Poor comparison when there was no evidence anyone had even fired a gun, no deer and no witnesses. The judge deleted his comments for a reason. He, and most others, know why. They were using a theory of liability based on Rogers to make the case. They didn't have to have a deer just a place where deer were. According to Rogers you need 1) A light (headlights) 2) an area where deer or other animals are thought to frequent 3) A weapon That's it for prima facie Well damn.... Guess I better stay away from the local zoo after dark since I need.... 1.) Headlights (Light)... To drive home.. 2.) Plenty of animals. 3.) A weapon...cuz it's on me at all times.... I'm just a sitting duck according this ....
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10 point
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10 point
Joined: Sep 2006
Posts: 4,068 Likes: 4 |
Don't know if I can say it any better than Stewart and Bolins dissent. In Alabama a citizen can make an arrest. I personally have a problem with some of the things he did but bottom line it wasn't something that the Supreme Court thought was relevant. From the time this thread started I thought the case was bullshit. The point of my post is that Aldeer is attacking the District Judges Character and honesty and frankly making threats that cross a line in a case where the law was broad enough to support a conviction on these facts.
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14 point
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14 point
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You would think even a retired game warden or even a democrat would know you cant kill a deer with a 223. Case should have been thrown out on that evidence if nothing else.
The hardest part of a Zombie apocalypse will be pretending I'm not excited.
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GUVNER
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GUVNER
Joined: Aug 2001
Posts: 82,758 Likes: 553 |
I have not seen any threats, but the judge's character is in question when he should have thrown the case out to begin with.
"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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12 point
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12 point
Joined: Nov 2013
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You would think even a retired game warden or even a democrat would know you cant kill a deer with a 223. Case should have been thrown out on that evidence if nothing else. 
"Here, take this land mine and protect your property with it."
-Ron Swanson
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Freak of Nature
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Freak of Nature
Joined: Jul 2011
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Aldeer is attacking the District Judges Character and honesty For good reason I'd say and same goes for the retired GW. and frankly making threats Bull. Find a threat and quote it for us all to see.
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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12 point
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12 point
Joined: Aug 2008
Posts: 5,342 |
What about the other charges? While the case law might have been broad enough to justify night hunting it would seem it would not support the other charges even in the initial trial.
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Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,184 Likes: 254 |
Birds of a feather.......
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Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 25,190 Likes: 161 |
Aldeer is attacking the District Judges Character and honesty For good reason I'd say and same goes for the retired GW. and frankly making threats Bull. Find a threat and quote it for us all to see. Ant is demonstrating what several on the inside of the profession believe ; that people in positions of power aren't to be challenged or held to the standards that common citizens are. The fact the judge is an elected official leaves him open to even more scrutiny than most others , and rightly so. He is an employee of the people, even if he doesn't think so.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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