Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: El Gato
But since Miller was dead and his co defendant Layton choose to plead guilty in exchange for probation, there were no "further proceedings" at which such testimony could be heard, or evidence examined.

Funny that Layton was offered such easy terms. How often does the government "win" a case at the Supreme Court and then offer a plea-bargain? Methinks the government really lost, but was so successful at their "spin" they were allowed to claim victory.

247 posted on 06/07/2006 6:10:03 PM PDT by supercat (Sony delenda est.)
[ Post Reply | Private Reply | To 180 | View Replies ]


To: supercat
How often does the government "win" a case at the Supreme Court and then offer a plea-bargain? Methinks the government really lost, but was so successful at their "spin" they were allowed to claim victory.

The "Government, that is the Justice department doesn't get to set the punishment. Since the original judge thought the law was no law at all, one would expect him to set the minimum sentence he could, given that the defendant entered a guilty plea.

The government didn't really want to put Layton away, they wanted the law held to be Constitutional. In that they won, in a very limited sense. But you are correct, the gun grabbers have spun the ruling into way more than it really was. It's also the last time the Supreme Court directly ruled on the Second Amendment. They now avoid doing so like the plague.

261 posted on 06/07/2006 8:55:20 PM PDT by El Gato
[ Post Reply | Private Reply | To 247 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson