• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

My Appeal

Theseus

Founder's Club Member
Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
imported post

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.
 

Theseus

Founder's Club Member
Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
imported post

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.
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
imported post

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.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

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.
 

chewy352

Regular Member
Joined
Sep 11, 2009
Messages
769
Location
Harrah, Oklahoma
imported post

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:cool::celebrate:cool::celebrate:cool::celebrate:cool::celebrate
 

Article1section23

Regular Member
Joined
Jun 24, 2006
Messages
489
Location
USA
imported post

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.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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.
 

Theseus

Founder's Club Member
Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
imported post

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.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

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.
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
imported post

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.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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!
 

demnogis

Regular Member
Joined
Jul 21, 2008
Messages
911
Location
Orange County, California, USA
imported post

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!
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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
 
Top