Anyone know how long till court records and transcript will be available?
Now, hopefully, this will go to the next level court on appeal.
I heartily recommend John Ross' book, "Unintended Consequences".
The story has been updated and expanded...here is the new version online (same weblink):
[b]Fincher Guilty In Machine Gun Case
This article was published on Friday, January 12, 2007 3:37 PM CST in News By The Morning News[/b]
It took a jury just under five hours to find Hollis Wayne Fincher guilty of owning illegal machine guns and a sawed-off shotgun.
Closing arguments in federal court in Fayetteville wrapped at mid-morning and the case went to the federal jury about 10:30 a.m. The jury returned its verdict about 3:20 p.m.
According to police, Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a sawed-off shotgun.
The defense tried to make the case an issue of the Constitution versus federal gun laws. The government tried to make the case as simple as possible for jurors — Fincher had the machine guns and they weren’t registered as required by federal law.
A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not.
Bump for later study.
How can someone in good concience vote to convict someone who wasn't allowed to voice his defense in court? I certainly would not.
I would love to hear the instructions the jury was given.
Given that the defense was denied the opportunity to present their Constitutional defense, perhaps they felt a guilty verdict was a given, and was just waiting for it so they could start the procedural appeal based on that denial.
IOW, maybe this is unfolding according to their game plan.
I don't know this case but in any case...BLOAT
You can't appeal unless you lose, in most circumstances anyway. He lost, now he can appeal. We should support the effort.
in court is it proper to ask the judge for his definition of 'inalienable' before arguments... or 'shall not' or infringed...
just wondering...
teeman8r
What was the business with the sawed off shotgun?...That is a weapon for armed robbery not defense. I believe it is also a violation of Arkansas gun laws as well...
The Gov. Org. found a "judge" who was happy to do their bidding, preventing the defense from putting their intended case, or even mentioning the Constitution, 2nd Amendment, true definition of "Militia", his own states definition of "Militia", Jury Nullification, etc.
IOW, he was railroaded with the help of a compliant "judge".
I have been following the details of this case, it serves to prove that "Fair Trial" in America is now a quaint MYTH!
This will be a very interesting read, book mark this one
I don't understand where the problem lies: everybody shows up and votes with shotgun.
Look, if you show up at the interview with a shotgun: you get hired right?
If you show up at a union meeting with a few shotguns: they listen to you.
If you show up at a union meeting with a few shotguns and they have .50 BMG's posted everywhere: you listen to them.
That's the "civilized" way. What else do you want?
A couple guys got buried. They had union reps.
Imagine what would happen if you had a degree here in Michigan and you applied for a bagger position? That's when the shotgun barrel is placed beneath the jaw of the supervisor, and a question is posed respecting "exploitation". Do you "need" a job (or not). Maybe the employer tells you that you're "over-qualified", but that your 10 yr old daughter would be very nice.
Question comes down to whether or not you need to eat, or wheether you like Nancy Pelosi. Because no matter how you cut it, slice it/dice it, that's how where going.
Bump.
The second amendment is really for all intents and purposes dead..