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Thread: My Appeal

  1. #1
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    Appeal was filed in late December I believe.

    We filed an application for court appointed consel. Last night I received notice that my application was denied.

    At this point it is expected to cost about $15K to hire a respected appellate attorney and get the transcripts from the trial.

    Although there are some options I don't have many and pro-per is not really a viable option in my opinion.

  2. #2
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    So, where do we donate?

  3. #3
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    At this point there is not a collection going on. We are still determining if we will continue further or not.

    There is a strong likely hood that this would be the time to cut my losses and accept that I need to move.

  4. #4
    Regular Member wewd's Avatar
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    Does your prohibited status extend to other states? As I understand it, the Federal prohibition is triggered when someone is convicted of a crime punishable by more than 1 year, which yours was not. I assume that your legal counsel has advised you on this issue.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

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  5. #5
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Well that sucks. If you would have went with a public defender in the initial trial, would you still be entitled to a public defender for your appeal?

    Personally, I understand the desire to cut your losses and get everything behind you. I'm not sure I would make the same decision, but I certainly understand it.

    The bottom line here is that the state has successfully charged you with something that isn't in the penal code in order to oppress your lawful activities. Personally I would go with a pro per appeal. It would be lengthy, it would be time consuming, it would be painful, but I think we all feel that you would undoubtedly succeed.

    I know I've personally made a commitment to donate another $1000 if an appeal went through. I still stand by that commitment. I hate the idea of you being in tremendous debt because of this perversion of the justice system, but I also hate the idea of you being punished in any manner for having not violated any statute. Our oppressive government sickens me.

  6. #6
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    What about waiting until after incorporation (if it ever happens) then wouldn't you have a better argument for appeal and possibly taken up by the NRA, CGF or someone else?

    I don't blame you for thinking about leaving the state. My wife just gave up on CA. We should be moving in about 5 years.

    :celebrate:celebrate:celebrate:celebrate:celebrate
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  7. #7
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    Theseus wrote:
    Appeal was filed in late December I believe.

    We filed an application for court appointed consel. Last night I received notice that my application was denied.

    At this point it is expected to cost about $15K to hire a respected appellate attorney and get the transcripts from the trial.

    Although there are some options I don't have many and pro-per is not really a viable option in my opinion.
    Pro se? Call around to some of the law school's and ask for help, also, look around this site for some people to call....you never know, somebody might pick the case up for you. Worth a shot...I wouldn't give up.

  8. #8
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    double post.

  9. #9
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    http://www.lafla.org/article.php?id=92

    Try contacting various legal aid groups and present your case. They may know local attorneys who will take your appeal on a pro bono or extremely reduces fee.

    It's about time that the Free Legal Aid groups started paying attention to the Second Amendment and Equal Protection issues for the owners of firearms.

    If they don't, then they should be forced to rely on donations from those they represent and not the owners of firearms.

    The rights of gun owners is just as important as any other right under our system of law.

  10. #10
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    At this time I will not further discuss my appeal here or elsewhere.

    There are several reasons for this, the major one being that I have many other personal things that I need to deal with including renting an extra room, selling some things, and finding a freaking job.

    I appreciate all the support up until now, and hope that you can all understand that when and if the time comes we can discuss this issue more, but that right now is not that time.

  11. #11
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    Theseus,

    I agree completely with your decision, prioritizing the necessities in life in order to survive is the best decision. I'm sure you and one or more attorneys have discussed your appeal repeatedly.

    Every legal system I've dealt with has time limits involved and I'm not going to offer any advice in that area.

    Good luck and I wish you well in whatever you decide to do.

    The future may vindicate you regardless of what you do today or tomorrow, 13,547 plus views frominterestedindividuals says something positive.

  12. #12
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    Well I hope the best for you and hope to hear a positive outcome soon. Thanks for the update.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  13. #13
    Campaign Veteran since9's Avatar
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    I wish you luck, whatever the situation is. There's a judge in Arkansas who cannot seem to enforce a very simple divorce decree, but that's another story, and I don't care to relate that here, either.

    I will say I had a very strong incentive to move to California when I retired from the military: My son!

    Considering all factors, including free LD phone, Internet, cheap flights, better jobs, closer to my own family, Colorado was the better choice. Besides, like you and your wife, he hates it there, but loves it here, and will likely opt to move here as soon as he is of age.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  14. #14
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    Theseus wrote:
    ...There is a strong likely hood that this would be the time to cut my losses and accept that I need to move.
    Sad, but understandable.

    http://www.freestateproject.org

    NH has a relatively low unemployment rate, and through the FSP you'd be able to plug into an existing network to help you find housing and employment. Not to mention the other 101 reasons NH is better than CA.

    I'll miss my friends, my family, and the weather. I have high hopes for CA in the future... but for now this state is in the $#!tter. Good luck to those who are able and brave enough to stay and fight on this front. For the rest of us... GTFO before you get nailed by some activist trial judge who will create a new crime just for you!
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  15. #15
    Regular Member demnogis's Avatar
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    CA_Libeertarian,

    Need a roommate? :shock:

    CA_Libertarian wrote:
    Theseus wrote:
    ...There is a strong likely hood that this would be the time to cut my losses and accept that I need to move.
    Sad, but understandable.

    http://www.freestateproject.org

    NH has a relatively low unemployment rate, and through the FSP you'd be able to plug into an existing network to help you find housing and employment. Not to mention the other 101 reasons NH is better than CA.

    I'll miss my friends, my family, and the weather. I have high hopes for CA in the future... but for now this state is in the $#!tter. Good luck to those who are able and brave enough to stay and fight on this front. For the rest of us... GTFO before you get nailed by some activist trial judge who will create a new crime just for you!
    Gun control isn't about guns -- it is about control.

  16. #16
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    demnogis wrote:
    CA_Libeertarian,

    Need a roommate? :shock:
    We're not sure yet. My wife and I are debating whether we want to buy a travel trailer/RV and just live in that when we get there, or if we want to fly out there and rent a room from someone who already has a place. Leaning toward the latter right now.

    There are several "Porc Manors" (that's "porc" as in porcupine, as in libertarian - passive cuddly creatures until we feel threatened) where the main purpose (aside from making a profit) is to provide cheap housing for Free Staters.

    Also, I just got word that there's a Facebook group to help FSP participants find work. http://www.facebook.com/group.php?gid=234775487791
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
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    Don't Tread On Me.

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