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January 13, 2007Fincher Found GuiltyNot a surprise, of course. I first wrote about this story a couple weeks ago, here. Anyway, from Morning News, Arkansas:
The comments to that article are where the action is:
And so on. There's over 70 comments already. Posted by Jeff Soyer at January 13, 2007 09:22 AM Comments
Here's a little something about this case I found on the 'net: http://www.nwaonline.net/articles/2007/01/12/news/011207fzfincher.txt Judge refuses to allow militia leader's testimony FAYETTEVILLE -- Hollis Wayne Fincher's machine gun trial will go to the jury today with the defense having presented no evidence or witnesses to the jury. The defense rested Thursday after U.S. District Judge Jimm Larry Hendren ruled Fincher's proposed testimony inadmissible. Fincher testified for more than an hour with the jury out of the courtroom so Hendren could decide if his testimony was admissible. Hendren has repeatedly ruled the defense can attack the government's evidence but not the law that applies to the case. He also ruled, based on U.S. Supreme Court precedents, laws passed by Congress to regulate firearms do not violate the Second Amendment. After hearing Fincher out, Hendren decided the testimony was aimed at challenging the legality of federal gun laws, not if Fincher had illegal, unregistered firearms in his possession.
Can you say "kangaroo court", boys and girls? It's not really an issue of being a kangaroo court, because the District Justice is bound by the precedent of his circuit. The collective rights model is the controlling law in the 8th circuit, so the trial judge is not going to allow challenges to the law in the criminal trial, which is about evidence. Now that Fincher has been convicted, he will be able to raise the constitutional question on appeal, but in all likelihood, the Circuit Court of Appeals will refuse to hear the case on those grounds. This result could have been predicted by anyone with familiarity on how the courts operate. Are Mr. Fincher's second amendment rights being violated? Yes. Does he belong in jail? No. Is trying to get a second amendment case through the 8th circuit that involves manufacturing and possession of a machine gun a really bad idea? Absolutely. More thoughts here Posted by: Sebastian at January 13, 2007 01:04 PMthe comment input form disappears. Your comments are welcome. You don't need to enter a URL and you don't need a "valid" email address, either. Note though that MT Blacklist is installed to flag suspiciously spam-like strings. Unfortunately, because of the bastard spammers, the strings "google.com" and "yahoo.com" (even in your email address) are currently banned as well. So are strings such as "cialis" (a common spam) which rules out words such as "socialism". Try putting a hyphan in a word like that. By Golly, you're reading an archived post. Click Here to head to the main page and read current stuff...Into science fiction? Check out my group blog novel, Colony: Alchibah. See the reader's guide there for first-timer tips. |