Evansville Sued for Violating Gun Owner's Rights

[Fargo]

Here's a recent case that touches on the "law and facts" issue.

http://www.in.gov/judiciary/opinions/pdf/112117nv.pdf

Important part:

And just for clarity's sake, that pattern jury instruction isn't one that is really arguable, it has been read at every criminal jury trial I have tried or watched and there has never been an argument about whether it is given.

I can't really say as regards civil trials, my stomach for self imposed boredom has never allowed me to go over and watch one of those in entirety. Plus, even if I did I would probably try to slip out at the end of closing and before final jury instructions are read.

 

[T.Lex]

And just for clarity's sake, that pattern jury instruction isn't one that is really arguable, it has been read at every criminal jury trial I have tried or watched and there has never been an argument about whether it is given.

Wait.

Do you really expect me to believe something other than the fact that every prosecutor in every case is morally bankrupt and committed to obtaining a conviction at any cost, even if it means hiding constitutional rights from the jury?

 

[Fargo]

Wait.

Do you really expect me to believe something other than the fact that every prosecutor in every case is morally bankrupt and committed to obtaining a conviction at any cost, even if it means hiding constitutional rights from the jury?

Bwahahahahahaha I nearly had you there!

 

[2A_Tom]

In one of the cases that I saton the jury, the judges instructions were much firmer than that. I had a moral conflict, but we followed his rules and found the defendant guilty.

The moral delema was that the drugs were found in a common area, but the defense was not supposed to make that known and his comments were stricken from the record, but there were remnants left in mine and a couple of others minds.

 

[actaeon277]

In one of the cases that I saton the jury, the judges instructions were much firmer than that. I had a moral conflict, but we followed his rules and found the defendant guilty.

The moral delema was that the drugs were found in a common area, but the defense was not supposed to make that known and his comments were stricken from the record, but there were remnants left in mine and a couple of others minds.

You can not "unhear" a comment.
Maybe they when a lawyer is instructed that something is "out of bounds", he (or she) should be punished for violating that.

 

[IndyDave1776]

In one of the cases that I saton the jury, the judges instructions were much firmer than that. I had a moral conflict, but we followed his rules and found the defendant guilty.

The moral delema was that the drugs were found in a common area, but the defense was not supposed to make that known and his comments were stricken from the record, but there were remnants left in mine and a couple of others minds.

You can not "unhear" a comment.
Maybe they when a lawyer is instructed that something is "out of bounds", he (or she) should be punished for violating that.

Maybe the person making the decision to withhold relevant information should be punished for that. If I were serving on a jury, I would get extremely irritated if I were to learn that I had been fed incomplete relevant information for the purpose of using me for a rubber stamp rather than a thinking juror exercising his constitutional duty.

 

[2A_Tom]

Tht judge made a statement that that motion had been denied and since it was, I had to believe that it was properly denied.

 

[IndyDave1776]

Tht judge made a statement that that motion had been denied and since it was, I had to believe that it was properly denied.

You must have more faith than I do.

 

[T.Lex]

So... uh... any update?

(I ask totally innocently without any obvious sign of knowing if there's an answer or not.)

 

[2A_Tom]

Is there a final disposition? I hope tf and his lawyers cleaned up, but I do feel sorry for the dumb taxpayers.

 

[GodFearinGunTotin]

There was. I thought it got posted. Maybe I just saw it on FB.

 

[Cameramonkey]

So... uh... any update?

(I ask totally innocently without any obvious sign of knowing if there's an answer or not.)

There was. I thought it got posted. Maybe I just saw it on FB.

 

[T.Lex]

Well, I suspect those directly involved are subject to a confidentiality provision.

The docket reflects that there was mediation (which is commonly ordered by the court, regardless whether the parties want it or not), then followups by the mediator. This suggests to me that the mediation ended up being successful. Both parties probably gave up more than they wanted, but avoided a scenario that was worse.

Regardless what the plaintiff received, the entirety of Indiana gun owners owes a debt of gratitude to them and the attorneys involved. This case - and others like it - advanced the right of personal carry more than any amount of marches or protests or counterprotests. Sure, the legislature did a good deed. But, without litigation like this, that would just be spilled ink.

Much credit to TF and his attorney crew.

 

[chezuki]

Let this case serve as a warning shot to those who would infringe upon our rights!

 

[GodFearinGunTotin]

I can't find it. Facebook sucks in many ways but finding old posts is one way in which it sucks the most.

Basically, the post said something to the effect that the city had withdrawn/dropped their case. No details were given that I recall. The stuff T. Lex is providing is more than what was in the post I saw.

 

[Alamo]

Well I hope the mediated settlement included funding for a Friends of the NRA PicNic in the Park.

 

[Expat]

I can't find it. Facebook sucks in many ways but finding old posts is one way in which it sucks the most.

Basically, the post said something to the effect that the city had withdrawn/dropped their case. No details were given that I recall. The stuff T. Lex is providing is more than what was in the post I saw.

I looked on FB and can't find it either. I just remember an announcement that the case had been settled.

 

[actaeon277]

I can't find it. Facebook sucks in many ways but finding old posts is one way in which it sucks the most.

Basically, the post said something to the effect that the city had withdrawn/dropped their case. No details were given that I recall. The stuff T. Lex is providing is more than what was in the post I saw.

I don't see anything on his webpage.

 

[2A_Tom]

You can only violate a non-disclosure "agreement" if you are a porn star dissing Donald Trump with full Media backing.

 

[T.Lex]

You can only violate a non-disclosure "agreement" if you are a porn star dissing Donald Trump with full Media backing.

While I may or may not find Guy Relford to be a ruggedly handsome individual, I'm not sure he's porn star material.

YMMV.