NY judge denies Defendant second amendment. - Guess what color the judge is.

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Feline Supremacist said:
Any, and I mean any, question on the constitutionality of a court proceeding can be immediately filed in the Federal Appellate Court that has jurisdiction, and appealed all the way to the Supreme Court because the US Supreme Court is the final arbiter of what is constitutional, and what is not; given this was a criminal prosecution with penalties that resulted in incarceration it is more likely SCOTUS would grant certiorari than not (also he's black).
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Federal appellate courts do not have appellate jurisdiction over state trial courts.
Feline Supremacist said:
You are confusing the appeals process of a trial court's ruling with a writ of habeas corpus which prisoners can fall back on after all their appeals have been exhausted when a violation of the US Constitution is alleged.
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There's an extremely rare writ a federal court can issue against state entities like courts. It would be under the All Writs Act and in the nature of a writ of prohibition, prohibiting the lower court from proceeding. This almost never actually happens. There's also federal removal. However, the doctrine of Younger abstention forbids federal courts from interfering in state criminal proceedings except under a vanishingly small set of circumstances.
 
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mindlessobserver said:
I think Feline thinks I meant a Federal Appeals court and not, you know, the State Appeals Court that supervises the trial court.
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I wouldn't hope for much on that front, at least now. It really seems to cry out for an interlocutory appeal, though. The judge outright stating she intends to ignore the Constitution entirely is pretty outrageous.

Also the fucking name. Ah Been A Darkie. Is the Darkiest Darkie I've ever seen.
 
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AnOminous said:
I wouldn't hope for much on that front, at least now. It really seems to cry out for an interlocutory appeal, though. The judge outright stating she intends to ignore the Constitution entirely is pretty outrageous.

Also the fucking name. Ah Been A Darkie. Is the Darkiest Darkie I've ever seen.
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Yep which means there is grounds for a civil rights injunction and removal to Federal Court since the trial Judge basically made a ruling averse to the Federal Constitution in the proceedings. And even put it on the record.

Ideally though the New York State appellate division will realize they have a Turd on their hands and stay the sentencing pending appeal.
 
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mindlessobserver said:
Yep which means there is grounds for a civil rights injunction and removal to Federal Court since the trial Judge basically made a ruling averse to the Federal Constitution in the proceedings. And even put it on the record.
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Which never happens. That said, it's one of the few situations where I think it could be worth a shot.
 
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mindlessobserver said:
I think Feline thinks I meant a Federal Appeals court and not, you know, the State Appeals Court that supervises the trial court.
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Yes.
AnOminous said:
I wouldn't hope for much on that front, at least now. It really seems to cry out for an interlocutory appeal, though. The judge outright stating she intends to ignore the Constitution entirely is pretty outrageous.
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Well I hope this poor guy can get some help with this because you really can't have judges, even in the shit hole NYC has become, declaring the US Constitution doesn't apply. Even hillbilly hick magistrates in the Tennessee backwoods don't go there. She made it a core US Constitution issue right there and then.

mindlessobserver said:
Yep which means there is grounds for a civil rights injunction and removal to Federal Court since the trial Judge basically made a ruling averse to the Federal Constitution in the proceedings. And even put it on the record.

Ideally though the New York State appellate division will realize they have a Turd on their hands and stay the sentencing pending appeal.
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As I am fond of posting: ¿Por qué no los dos?
 
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anti SJW said:
Judge should have been removed from the bench and disbarred immediately. She stated it in open court.
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This bitch should be tarred and feathered how the fuck can you deny someone our 2cd fucking Amendment rights, it's not like the 30th or whatever its a basic civil right this country was founded on. If you don't like guns goto the UK or some other faggot nation. I'm so sick of this country
AnOminous said:
Which never happens. That said, it's one of the few situations where I think it could be worth a shot.
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Oh I hope he takes this to the federal supreme court, this is probably the first time I've ever seen a case that needs to goto federal court. NY has no right to deny federal civil rights. I hope every case that bitch ever tried has to be resentenced or something.
 
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AnOminous said:
It shouldn't be surprising the most diverse diversity hire in judicial history is a de Blasio appointee.
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NY, but especially NYC suffers from a very bad case of unwarranted self importance syndrome. Seems like Giuliani turning it into a safe and enjoyable city was an anomaly that won't be repeated for years, if ever.
 
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mindlessobserver said:
Ideally though the New York State appellate division will realize they have a Turd on their hands and stay the sentencing pending appeal.
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only way I see this appeal happening is they realize shit will go to the Supreme Court and it will rule badly for them again. It's simpler to nip it in the bud then risk another national 2a rulling
 
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This is a pretty outrageous case. I wish him the best of luck. The higher courts need to slap this shit down. These clown courts are literally spitting in the face of the law (they don't like) at this point. Progressive strategy 101... Ignore what you can't force or demonize (screech) into change the way you want it.

Great to see that his legal fund is up to ~$220k already.

10 fucking years?! After reading around it sounds like the judge also punished him for making them prove it and not pleading out. (this aspect of our current legal system is sinister in the extreme.. over charge to try and force a plea and punish you for not by going full force on the trumped up charges) She also complained about comments about her 2nd amendment legal views, at the start of the sentencing.

Remember that this is a state that releases violent criminals with guns ASAP thanks to the summer of love, but are doing this to a non criminal.. Making an example of them.

Yet another example of why allowing the government and three letter agencies to spy on your financial dealings via bank/CC proxy, is so dangerous. The ATF likely found him from CC purchasing of parts. And since the banks and CC companies have agreed to flag certain perfectly legal and constitutionally protected items for the government... here we are.
 
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Marvin said:
That "the 2nd amendment doesn't exist here" line should be grounds for a mistrial at least.

Though yeah, when MD outlawed 80% lowers, I reluctantly stopped building. Idk maybe that makes me a coward, but I've got family to take care of, I'm not keen on being a test case.

Shit sucks for him. Hope he appeals it to the very tippy top and sets a precedent.

I really don't think it'd be constitional to outlaw homebuilding wholesale. Maybe with restrictions like you have to get it serialized or some gay shit. (actually I think that's the case in MD)
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I know I'm going to get called a gun grabbing Nazi faggot or whatever for saying this, but I can understand at least having a serial number in case it gets lost or stolen or whatever. Probably a good idea to cover your ass just in case a cop sees it and doesn't know what to make of it. Don't laugh, they're more ignorant of the laws they enforce than the criminals half the time. Not to mention the myriad of contradictory rules out there already.

Besides, who's to say you have to can't just scrawl 69-420 or something on it and call it a day? Technically legal if there's no set standards on serialization.
 
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Duke Nukem said:
I know I'm going to get called a gun grabbing Nazi faggot or whatever for saying this, but I can understand at least having a serial number in case it gets lost or stolen or whatever. Probably a good idea to cover your ass just in case a cop sees it and doesn't know what to make of it. Don't laugh, they're more ignorant of the laws they enforce than the criminals half the time. Not to mention the myriad of contradictory rules out there already.

Besides, who's to say you have to can't just scrawl 69-420 or something on it and call it a day? Technically legal if there's no set standards on serialization.
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If you drop your gun and the serial number is damaged then aft niggers will use that as an excuse to go after you. Fuck gun laws. What could have been reasonable laws were turned draconian
 
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Sounds like a fair ruling just don't illegally own weapons if you want the second amendment to protect you.
 
WhatIsThePunchline said:
Tired trolling is better when it doesn't support a tragic corruption of the legal system.
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> man builds illegal firearms
> man gets convicted for illegal firearms

How exactly is the system not working here?
 
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