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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 05-09-2011, 6:05 PM
dantodd dantodd is offline
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Default Maloney v. Rice (NY)

Another thread got me thinking about Maloney earlier today so I sent him an email.

Just got a response from Jim Maloney and he is mired in discovery at the District level. I've asked for permission to post his entire email here, I'll update this post if he says it's OK.
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Old 05-09-2011, 7:37 PM
Al Norris Al Norris is offline
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Interesting.

I went to PACER last weekend, to see if there were any updates. None since the last RECAP in March. Docket.
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Old 05-09-2011, 8:06 PM
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Window_Seat Window_Seat is offline
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Isn't this one of those things that people (here) usually say NOT to file pro se, especially if one can help it?

Erik.
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Old 05-09-2011, 9:33 PM
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Quote:
Originally Posted by Window_Seat View Post
Isn't this one of those things that people (here) usually say NOT to file pro se, especially if one can help it?

Erik.
That is the general advice. However; He made it to SCOTUS, had a pro bono cert petition written and was GVR'd which is about as well as one can do in this case. I wish him luck and it certainly seems that he has a majority of SCOTUS on his side at this point.
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Old 05-09-2011, 9:52 PM
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Quote:
Originally Posted by dantodd View Post
That is the general advice. However; He made it to SCOTUS, had a pro bono cert petition written and was GVR'd which is about as well as one can do in this case. I wish him luck and it certainly seems that he has a majority of SCOTUS on his side at this point.
Point well taken, and I wish him the best as well.

Erik.
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Old 03-31-2014, 4:49 PM
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Unlike most pro se challenges Jim Maloney is an attorney. This case is very close to a verdict.
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Old 03-31-2014, 5:16 PM
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Unlike most pro se challenges Jim Maloney is an attorney. This case is very close to a verdict.
But the old adage about your client in such situations remains. Perspective is important. In this case a lot of time was spent on issues that have a lot do with representing one's self.

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Old 03-31-2014, 5:24 PM
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Quote:
Originally Posted by hoffmang View Post
But the old adage about your client in such situations remains. Perspective is important. In this case a lot of time was spent on issues that have a lot do with representing one's self.

-Gene
You are right but at this point the government's only real argument is nun-chucks are dangerous and unusual. You know what that term really means and that applying that term to a weapon is soon to be dis-bunked. If the Court rules that they are why don't you see if one of you east coast contacts will do the appeal. I am sure Mr. Maloney would like the help.
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Old 08-28-2018, 4:21 PM
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So the Court has had a SECOND trial on this case
because the Court could not rule in the State's favor in the last trial and would not rule in Jim's favor.

So to recap. In 2000 Jim Maloney was arrested for owning a pair on nunchucks on his own property. He is a lawyer.

In 2003 he filed a lawsuit challenging the nunchuku ban on 2a grounds. Here are most of the pleadings.
http://michellawyers.com/maloney-v-rice/

The trial court and 2nd circuit said the 2a does not protect an individual right.
He goes to the Supreme Court and it rules in his favor.
He goes back to the trial court. Both sides file for summary judgement. The Court denies both sides.

Then there is a trial. The Court could not rule in the State's favor because the State did such a bad job. So instead of ruling in Jim's favor the Court says we are having a second trial!!!

The second trial was just held and both parties submitted legal briefs. Which are linked below.

https://www.scribd.com/document/3872...-Trial-Brief-2

https://mlaus.org/wp-content/uploads...orrections.pdf

15 years and this case is still going because the State of NY does not want Jim Maloney to own two sticks connected by a chain
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Old 08-28-2018, 4:37 PM
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Arrested in 2000, case at trial a second time in 2018...
Is justice delayed justice denied or is that just some old saying that no longer applies in the real world? 18 years is a long time!
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Old 08-28-2018, 5:07 PM
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See Wolfwood's new thread, http://www.calguns.net/calgunforum/s....php?t=1472951
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