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Motion for Return of Property - DENIED! Appeal Filed.

mobyclarke

Regular Member
Joined
Jul 4, 2006
Messages
14
Location
Minneapolis
Our fine and upstanding judicial branch at work. It is so nice to see a judge following the law rather than his own personal opinion. How far our system has fallen. Good luck on your appeal.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
You should have noted that PA law does not require a license to open carry in public - the judge seemed to thnk one had to have a license.

Also, next time you might want to consider suing in fedeal court for failure to provide due process - puts the burden on the government to provide you due process - suing for return of gun in state court is not always the best way to go.
 

tyc

Regular Member
Joined
Apr 17, 2011
Messages
137
Location
Pocono Mountains of PA
It'd be interesting to read the brief as filed but it takes those annoying *.pdf files too long to download. Would you consider posting a word for word *.txt version? Fancy formatting isn't needed, just pure, plain text.

As for the comment about the wisdom of not filing in a Commnwealth court, experienced on this end has shown this to be true. As experienced here, all else equal, take the argument into Federal Court as there's a greater chance you'll end up with a judge who does understand what probably is a federal issue.

Also consider filing a motion to amend your brief by bringing the action against the "civil servants"" involved as individual(s), in their own recognizance. If you don't understand the value of this, time spent on researching this on the Internet may prove enlightening; start at the "top" and work your way down the so-called "chain of command."; name every one them.

tyc
 

4sooth

Regular Member
Joined
Oct 6, 2006
Messages
126
Location
, Louisiana, USA
This is one of those "What do you call a lawyer who does not know the law?" JUDGE! My attorney has said many times if he could change one thing about our courts is to have judges who actually know the law.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
I hope the judge I've drawn is more clueful than that one.
Good luck with the appeal; perhaps figure out how to make an emergency motion prohibiting whatever agency holds your property from destroying it, since there are more legal actions coming down the pipe?
 
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