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Fed Judge Rules: Police cannot detain for OC

DrTodd

Michigan Moderator
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Hudsonville , Michigan, USA
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zigziggityzoo wrote:
dougwg wrote:
Michigander wrote:
snip...Does this ruling set a nation wide standard, or only for that district?
Oh please let it mean something here in this gun owning $hithole that is my home state.

The decision is only binding to that district of the Federal Appeals Court.

However, it does serve as guidance to other courts, it's just not binding.

True... but if another district decides the issue differently, it does set it up for possible Supreme Court scrutiny.
 

Hillsdale

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I'd expect a good ruling from New Mexico. It's a pretty good state. Vastly more free than Michigan.

But I am a little confused by this. Does this ruling set a nation wide standard, or only for that district?

I do believe your answer is in Article 4 of the US Constitution. It clearly states that full faith and credit shall be given to the judicial proceedings of every other Sate. However, there area lot of unlawful judges.
 

Hillsdale

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mikestilly wrote:
wow that i.s huge. What happens in NM doest necesarily impact us in MI though

The answer lies in Article IV of the US Constitution. It clearly states that full faith and credit shall be given to the judicial proceedings of every other State.





Yes it does and if I knew how to postproperlyin here I would show you the truth.
 

Hillsdale

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zigziggityzoo wrote:
dougwg wrote:
Michigander wrote:
snip...Does this ruling set a nation wide standard, or only for that district?
Oh please let it mean something here in this gun owning $hithole that is my home state.

The decision is only binding to that district of the Federal Appeals Court.

However, it does serve as guidance to other courts, it's just not binding.
Not so. It is binding on all states and possessions of the Unites States, it just needs to be authenticated. This can be seen in USC title 28 Sec. 1738. You can read it here: http://www4.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001738----000-.html
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
imported post

Hillsdale wrote:
zigziggityzoo wrote:
dougwg wrote:
Michigander wrote:
snip...Does this ruling set a nation wide standard, or only for that district?
Oh please let it mean something here in this gun owning $hithole that is my home state.

The decision is only binding to that district of the Federal Appeals Court.

However, it does serve as guidance to other courts, it's just not binding.
Not so. It is binding on all states and possessions of the Unites States, it just needs to be authenticated.  This can be seen in USC title 28 Sec. 1738.  look it up

afaik:

United States district courts are the trial courts of the federal court system, NOT a state court.

http://www.uscourts.gov/outreach/resources/comparefedstate.html

Since the reference to the US District Courts
found under Article III of the Constitution (establishing a Supreme Court and whatever other federal courts Congress thinks are necessary) makes it pretty explicit that these courts are governed by Congress, claiming that "full faith and credit" applies is, imho, incorrect. Please re-read the website to which you link: "Full Faith and Credit" is applicable to the courts of states, territories and possessions.
 
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