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Thread: complaint based on a recent case State v. Joshua D. Schultz, Clark County Case

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    Regular Member cowboyridn's Avatar
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    complaint based on a recent case State v. Joshua D. Schultz, Clark County Case

    I put together a complaint based on a recent case State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 and sent it to the Mountain States Legal Foundation for review to see if they would consider helping with this one as well as the one against the DNR and help us fight to declare Wis. Stat. § 941.23 unconstitutional. Let me know what all of you think, and if its plausible.


    Don
    Last edited by cowboyridn; 11-14-2010 at 08:29 PM. Reason: change pdf

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    Looks Good!

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by cowboyridn View Post
    I put together a complaint based on a recent case State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 and sent it to the Mountain States Legal Foundation for review to see if they would consider helping with this one as well as the one against the DNR and help us fight to declare Wis. Stat. § 941.23 unconstitutional. Let me know what all of you think, and if its plausible.


    Don
    The federal case is pretty good. Mountain States Legal Foundation is competent and good at their work. If you file the state case in Dane County, I suggest contacting WCI and seeing if they can get some of their lawyers to take a look at it too....

    What? You expected me to dismiss it and say it's bad?

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    Regular Member cowboyridn's Avatar
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    Quote Originally Posted by Gray Peterson View Post
    The federal case is pretty good. Mountain States Legal Foundation is competent and good at their work. If you file the state case in Dane County, I suggest contacting WCI and seeing if they can get some of their lawyers to take a look at it too....

    What? You expected me to dismiss it and say it's bad?
    Wow I'm stuned I thouht for sure you would rip this one apart too lol hard to argue with a judge's reasoning, that's what I'm hoping that the reviewing judge will cosider. Do you think it's better filed in state court than federal? Might be better in a circuit court being the judge who wrote the argument to dismiss is a county judge from Clark county and the circuit judge might follow suit.
    Last edited by cowboyridn; 11-14-2010 at 02:42 PM. Reason: Add word

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by cowboyridn View Post
    Wow I'm stuned I thouht for sure you would rip this one apart too lol hard to argue with a judge's reasoning, that's what I'm hoping that the reviewing judge will cosider. Do you think it's better filed in state court than federal? Might be better in a circuit court being the judge who wrote the argument to dismiss is a county judge from Clark county and the circuit judge might follow suit.
    It would be better to have a state case filed in Clark County, since it's just that one judge. It would be a case filed against the state so the state AG's would have to respond or else have the entire law tossed. Remember that the Clark County DA didn't appeal the case. If you sue the state, you'll be facing the state attorney general's office.

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    Regular Member cowboyridn's Avatar
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    Quote Originally Posted by Gray Peterson View Post
    It would be better to have a state case filed in Clark County, since it's just that one judge. It would be a case filed against the state so the state AG's would have to respond or else have the entire law tossed. Remember that the Clark County DA didn't appeal the case. If you sue the state, you'll be facing the state attorney general's office.

    I agree, filing it with the state is the best approach, so, let me change that and re-post it here.

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    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by cowboyridn View Post
    I agree, filing it with the state is the best approach, so, let me change that and re-post it here.
    You might want to check with an attorney. I believe it more expensive to do it through the state and when you win, they don't have to pay attorney fees. I believe that is why WCI goes through the Federal court.

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    Regular Member cowboyridn's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    You might want to check with an attorney. I believe it more expensive to do it through the state and when you win, they don't have to pay attorney fees. I believe that is why WCI goes through the Federal court.

    Thanks, I'll look into that, to see who is responsible for fees, the looser or both equally. anyway I have one of each now, one ready for federal court, and one ready for State court.

    Don

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    I thought that the court of competent jurisdiction had to receive the case. I-ANAL

    JUST carry
    Last edited by Doug Huffman; 11-15-2010 at 07:08 AM.

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    Regular Member cowboyridn's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    I thought that the court of competent jurisdiction had to receive the case. I-ANAL

    JUST carry

    Which court do you recommend Doug, Federal or State, I don't know myself

    Don
    Last edited by cowboyridn; 11-15-2010 at 08:37 AM. Reason: words

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    Regular Member cowboyridn's Avatar
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    Quote Originally Posted by Gray Peterson View Post
    The federal case is pretty good. Mountain States Legal Foundation is competent and good at their work. If you file the state case in Dane County, I suggest contacting WCI and seeing if they can get some of their lawyers to take a look at it too....

    What? You expected me to dismiss it and say it's bad?

    WCI’s resources are better spent defending its members like the Madison 5

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