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Thread: Worley wins!

  1. #1
    Regular Member rapgood's Avatar
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    Worley wins!

    As I'm sure many of your remember, Mack Worley, then of Vancouver WA, was convicted of unlawful display of a weapon (RCW 9.41.270). The conviction was overturned on appeal (that's how most of these go), whereupon the City of Vancouver filed a Motion to Reconsider. The court summarily rejected the City's arguments and denied the motion. While the City can still file an appeal, based upon the denial of the MTR, it isn't likely that they would succeed. The Court accepted my argument that, in order to grant the City's motion, it would have to completely "evicerate the limits on RCW 9.41.270" that the display of a weapon would warrant alarm in a reasonable person, as it had held in State v. Spencer (Worley had his AR 15 simply slung over his shoulder and was not otherwise touching it). Congrats to Mack!
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  2. #2
    Activist Member golddigger14s's Avatar
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    Thanks Rap! I'm going to miss you guys at the campout.
    "The beauty of the Second Amenment is that it will not be needed until they try to take it." Thomas Jefferson
    "Evil often triumphs, but never conquers." Joseph Roux
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  3. #3
    Regular Member rapgood's Avatar
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    Quote Originally Posted by golddigger14s View Post
    Thanks Rap! I'm going to miss you guys at the campout.
    Yeah, I'm gonna miss it, too. Didn't sign up for a spot soon enough.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  4. #4
    Regular Member Schlepnier's Avatar
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    Great news!

    Brightens my day after waking up to hear Gabriel Giffords husband touting more gun control initiatives on my radio/alarm
    +thought for the day+
    ++victory needs no explanation, defeat allows none++

  5. #5
    Regular Member Difdi's Avatar
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    Quote Originally Posted by rapgood View Post
    As I'm sure many of your remember, Mack Worley, then of Vancouver WA, was convicted of unlawful display of a weapon (RCW 9.41.270). The conviction was overturned on appeal (that's how most of these go), whereupon the City of Vancouver filed a Motion to Reconsider. The court summarily rejected the City's arguments and denied the motion. While the City can still file an appeal, based upon the denial of the MTR, it isn't likely that they would succeed. The Court accepted my argument that, in order to grant the City's motion, it would have to completely "evicerate the limits on RCW 9.41.270" that the display of a weapon would warrant alarm in a reasonable person, as it had held in State v. Spencer (Worley had his AR 15 simply slung over his shoulder and was not otherwise touching it). Congrats to Mack!
    If simply having a slung or holstered firearm -- openly carried without touching it -- warrants alarm in a reasonable person despite the statutes defining it as legal, then the fact that police kill more people in the US than the terrorists we're supposed to be so terrified of would warrant sufficient alarm to make a MWAG call every time we see a cop legally justified (and not in any way an abuse of the e911 system). After all, their carry of firearms is also defined as legal by a statute.

  6. #6
    Regular Member solus's Avatar
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    Quote Originally Posted by Schlepnier View Post
    Great news!

    Brightens my day after waking up to hear Gabriel Giffords husband touting more gun control initiatives on my radio/alarm
    you should change stations to wake up to...as that would cause someone to have a really bad day at work.

    rap...great job on defending your client.

    ipse
    Last edited by solus; 05-11-2016 at 09:48 AM.
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  7. #7
    Campaign Veteran MSG Laigaie's Avatar
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    Thanks to BOTH of you. Every time someone goes forward with this kind of assault on Freedom and every time a barrister steps up to defend him, it is placing another brick in the wall that protects us all. Thank you for paving the way.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  8. #8
    Regular Member Alpine's Avatar
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    Great news! Thank you for your work defending our freedoms here!

  9. #9
    Campaign Veteran gogodawgs's Avatar
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    Excellent!
    Live Free or Die!

  10. #10
    Activist Member golddigger14s's Avatar
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    Quote Originally Posted by rapgood View Post
    Yeah, I'm gonna miss it, too. Didn't sign up for a spot soon enough.
    I offered up my spot.
    "The beauty of the Second Amenment is that it will not be needed until they try to take it." Thomas Jefferson
    "Evil often triumphs, but never conquers." Joseph Roux
    http://nwfood.shelfreliance.com

  11. #11
    Regular Member rapgood's Avatar
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    Quote Originally Posted by golddigger14s View Post
    I offered up my spot.
    I saw that welll after it had already been taken. But, thanks!
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  12. #12
    Regular Member Grim_Night's Avatar
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    My biggest problem is the fact that even though we all know that he did nothing wrong and that the PA/DA screwed up, the defendant is out all the money spent on legal defense and will never get any of it back. The city spends all the money they want, paid for by tax payers and not a single thing will happen to them. How long was this legal battle going on? Years? So much wasted time and money on both sides and it did nothing really to further our cause because if the city doesn't charge someone else with this same exact "crime" someone else somewhere else will do it all over again and the fight begins anew.
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  13. #13
    Regular Member solus's Avatar
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    Quote Originally Posted by Grim_Night View Post
    My biggest problem is the fact that even though we all know that he did nothing wrong and that the PA/DA screwed up, the defendant is out all the money spent on legal defense and will never get any of it back. The city spends all the money they want, paid for by tax payers and not a single thing will happen to them. How long was this legal battle going on? Years? So much wasted time and money on both sides and it did nothing really to further our cause because if the city doesn't charge someone else with this same exact "crime" someone else somewhere else will do it all over again and the fight begins anew.
    grim, you are correct w/your commentary & it is a shame citizens must endure this judicial misconduct.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  14. #14
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by solus View Post
    grim, you are correct w/your commentary & it is a shame citizens must endure this judicial misconduct.

    ipse
    Quote Originally Posted by Grim_Night View Post
    My biggest problem is the fact that even though we all know that he did nothing wrong and that the PA/DA screwed up, the defendant is out all the money spent on legal defense and will never get any of it back. The city spends all the money they want, paid for by tax payers and not a single thing will happen to them. How long was this legal battle going on? Years? So much wasted time and money on both sides and it did nothing really to further our cause because if the city doesn't charge someone else with this same exact "crime" someone else somewhere else will do it all over again and the fight begins anew.
    This is our land of the free, where the gubernment is free to persecute citizens at the cost of the citizens. The citizenry has to pay both for their defense and their own prosecution. Where gobernment employees are free to violate the rights of anyone they choose without consequences to them.

    Wait, I think we are in soviet Russia.

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  15. #15
    Regular Member jhfc's Avatar
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    Worley has filed suit against the City of Vancouver and 11 police officers.

    http://www.columbian.com/news/2016/j...r-over-arrest/

  16. #16
    Regular Member F350's Avatar
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    Quote Originally Posted by jhfc View Post
    Worley has filed suit against the City of Vancouver and 11 police officers.

    http://www.columbian.com/news/2016/j...r-over-arrest/
    Sick-em boys. How about filing complaints with the state Bar for malicious prosecution against the prosecutor and go for his law license; probably won't get it but cause him problems and maybe cost him some $$$.

  17. #17
    State Researcher
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    Quote Originally Posted by Grim_Night View Post
    My biggest problem is the fact that even though we all know that he did nothing wrong and that the PA/DA screwed up, the defendant is out all the money spent on legal defense and will never get any of it back. The city spends all the money they want, paid for by tax payers and not a single thing will happen to them. How long was this legal battle going on? Years? So much wasted time and money on both sides and it did nothing really to further our cause because if the city doesn't charge someone else with this same exact "crime" someone else somewhere else will do it all over again and the fight begins anew.
    +1

    I think one of the battles left to fight for RKBA--which would be good for freedom generally--would be to advance legal protections for those who are ultimately acquitted. At the very least, there needs to be some direct possibility for those who have been found not guilty to be reimbursed for their legal expenses. In fact, the most just course might be a mandate that upon acquittal, all property seized as evidence or otherwise must be returned and reasonable legal fees must be paid by the state. Taken a step further, if the state is obligated to provide some minimum level of legal defense to the indigent, perhaps it should be required to provide some reasonable amount of money to all defendants from the get-go. What is reasonable? For starters, methinks that whatever is deemed a reasonable amount to spent prosecuting the case (including prosecuting attorneys, their paralegals and assistance and secretaries, the police time spent investigating, and so on and so forth) ought be matched and made available to the defendant.

    Even this would not compensate for the stress of a wrongful prosecution, loss of income, damage to reputation, and many other issues. But at least it would not make the effectiveness of defense contingent on having sufficient assets (not seized by the government) and a willingness to liquidate those assets.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  18. #18
    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by jhfc View Post
    Worley has filed suit against the City of Vancouver and 11 police officers.

    http://www.columbian.com/news/2016/j...r-over-arrest/
    Great job so far! And Spencer (and Rob) are excellent representation.
    Live Free or Die!

  19. #19
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    Quote Originally Posted by gogodawgs View Post
    Great job so far! And Spencer (and Rob) are excellent representation.
    Is the plaintiff requesting donations to help pay for the lawsuit? If so, I would like to know where I can send a token gift of support.

  20. #20
    Regular Member rapgood's Avatar
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    Quote Originally Posted by 44Brent View Post
    Is the plaintiff requesting donations to help pay for the lawsuit? If so, I would like to know where I can send a token gift of support.
    I don't know if Mack is requesting donations, but voluntary ones can be sent to:

    Freeman Law Firm Trust Account
    FBO Mack Worley
    1107 1/2 Tacoma Ave S
    Tacoma, WA 98402
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  21. #21
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    Quote Originally Posted by rapgood View Post
    I don't know if Mack is requesting donations, but voluntary ones can be sent to:

    Freeman Law Firm Trust Account
    FBO Mack Worley
    1107 1/2 Tacoma Ave S
    Tacoma, WA 98402
    I just noticed this several months after getting the answer to my question. Bump to the top.

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