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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #41  
Old 01-31-2017, 9:55 AM
BearPaw BearPaw is offline
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I read several people in this thread saying that recording without consent in california is illegal (in the context of someone fabricating evidence against you). that's true but I believe there is an exception that it is legal to record without consent if the other person is committing certain crimes which I think include also extortion and violence.

so in the example discussed above, it may have been possible for a good (expensive) lawyer to argue that the other party was committing violence and the fabricated charge was to extort money with regard to divorce proceedings. granted I'm not a lawyer and I may be wrong.
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  #42  
Old 02-21-2017, 2:00 PM
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we had oral arguments today I will post when the video is up
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  #43  
Old 02-21-2017, 9:35 PM
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Originally Posted by wolfwood View Post
we had oral arguments today I will post when the video is up
Thank you.
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Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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  #44  
Old 02-21-2017, 10:02 PM
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Good job being argumentative! I hope you did well!
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  #45  
Old 02-21-2017, 10:12 PM
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http://www.ca9.uscourts.gov/media/vi..._id=0000030109

Judge Kolinsky mentions Chovan and California expungement as they relate to Lautenberg. The judge says that other cases have upheld Lautenberg because California expungement takes away the lifetime loss of the right. This is a very often incorrect statement by government lawyers in these cases and this lawyer for Hawaii correctly states that this is infact not true. Another judge then asks if a state can refuse to grant any measures thst meet the requirements of lautenberg to restore rights and the government lawyer says yes and the judge sounded surprised. The government lawyer even stated that this would raise the second amendment to strict scrutiny in this case.

Judge Kolinsky is a libertarian and friend to the second amendment. Do you think he did that on purpose?

Judge Kolinsky also says that the level of "violence" covered by this statute (and California batery) does not sound very violent and Castleman is sited. Castleman ruled that ANY touching is domestic violence. Even the slightest touch possible can be enough to lose your rights for life. How many people have never touched s spouse of child during an argument?


Sorry for the typos and spelling as well as the jumpy post. I'm on my phone after a 14 hour day.
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Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?

Last edited by anthonyca; 02-21-2017 at 10:18 PM..
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  #46  
Old 03-05-2017, 3:59 PM
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I think its 50/50 honestly. The best thing from the panel was Kozinski said that this case was clearly distinguishable from Chovan and would require independent analysis. That means at the very least we will get a published opinion gives us a better opinon to ask Supreme Court review.

Don, Te Hina and I took no money for this case. Filing for writ will cost money. We are pretty committed to this case but if there is interest I would like to set up a go fund me or something like that at some point.
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  #47  
Old 03-05-2017, 6:08 PM
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Originally Posted by JDoe View Post
Safety for all women ballot initiative for 2017. Consent to touch must be video recorded by a disinterested third party.


And uploaded to pornhub for public record.


Sent from my iPhone using Tapatalk
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  #48  
Old 03-06-2017, 6:34 PM
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... I would like to set up a go fund me or something like that at some point.
I'm in.

Thanks for all you do!!!
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  #49  
Old 03-07-2017, 10:33 AM
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Originally Posted by wolfwood View Post
I think its 50/50 honestly. The best thing from the panel was Kozinski said that this case was clearly distinguishable from Chovan and would require independent analysis. That means at the very least we will get a published opinion gives us a better opinon to ask Supreme Court review.

Don, Te Hina and I took no money for this case. Filing for writ will cost money. We are pretty committed to this case but if there is interest I would like to set up a go fund me or something like that at some point.
Please set up a go fund me or get in touch with someone like the second amendment foundation.

This case is import in that the justices talked about strict scrutiny.
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Quote:
Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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  #50  
Old 03-16-2017, 3:42 PM
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The only time you can touch her is if you're both naked and she's shouting: "Yes. Yes. Oh God. Yes."
Unless she decides LATER that she didn't actually want to do it.
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  #51  
Old 03-20-2017, 10:27 AM
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Quote:
Originally Posted by wolfwood View Post
I think its 50/50 honestly. The best thing from the panel was Kozinski said that this case was clearly distinguishable from Chovan and would require independent analysis. That means at the very least we will get a published opinion gives us a better opinon to ask Supreme Court review.

Don, Te Hina and I took no money for this case. Filing for writ will cost money. We are pretty committed to this case but if there is interest I would like to set up a go fund me or something like that at some point.
Has anyone set up a go fund me or had a chance to get with one of the larger organizations? This is an important sleeper case and I would like to donate some money and spread the word.
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Quote:
Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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  #52  
Old 03-20-2017, 10:33 AM
CPRAFAN CPRAFAN is offline
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Default John Paul Getty method . . .

JP Getty was a billionaire who was ahead of the curve . . . when his "dates" showed up at his mansion, I understand he had them sign a consent form then had them photographed standing naked next to him with a big smile to avoid blackmail and Bill Cosby style "rape" charges years later . . . I would think Pros would have trouble claiming rape later but this is California . . .

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I'm thinking written signed contract and record everything, just to make sure.
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  #53  
Old 03-20-2017, 2:24 PM
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Quote:
Originally Posted by anthonyca View Post
Has anyone set up a go fund me or had a chance to get with one of the larger organizations? This is an important sleeper case and I would like to donate some money and spread the word.
I haven't had a chance to do so yet. The problem I have with a gofundme is that there are three lawyers working pro bono on this case.

The lawyer that sets the gofundme up has to claim all the proceeds of the go fund me as income.

So its a real headache if one of us decides to set one up.

It would be great if one f the larger organizations gave us a hand but I have the feeling the NRA and SAF don't want to have there name associated with a domestic violence case.

Honestly none of us thought this case would go this far because prior to Castleman what our client was convicted of clearly was not violence. And in fact the lower court in fact agreed with us.

If anyone wants to send us a direct check pm me.

Last edited by wolfwood; 03-20-2017 at 2:27 PM..
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