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Thread: Skidmark proceeding to trial - Sept 13th, 2011

  1. #351
    Administrator John Pierce's Avatar
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    Good luck and keep us informed!


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  2. #352
    Founder's Club Member - Moderator ed's Avatar
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    Motion to dismiss denied, proceed to trial at 1130.
    Carry On.

    Ed

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  3. #353
    Regular Member HeroHog's Avatar
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    In that case, BREAK IT OFF IN THEM User/Skidmark!
    Speedy: LOCAL League VP, Pres, NWLOCAL Chapter
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

  4. #354
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by ed View Post
    Motion to dismiss denied, proceed to trial at 1130.
    How ridiculous! After you win, make sure they PAY!

  5. #355
    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by ed View Post
    Motion to dismiss denied, proceed to trial at 1130.
    Ridiculous... If ever there was a case more deserving of an instant dismissal....

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  6. #356
    Founder's Club Member protias's Avatar
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    Give 'em hell!
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  7. #357
    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    How ridiculous! After you win, make sure they PAY!
    I do agree to some extent, if Surry wants to drag it out, make them pay. Of course... you might have the judge on your side here... realizing how easy this case should be for you to win and letting it turn into caselaw for future reference...

    One can pray at least!

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    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  8. #358
    Regular Member 2a4all's Avatar
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    Quote Originally Posted by Baked on Grease View Post
    I do agree to some extent, if Surry wants to drag it out, make them pay. Of course... you might have the judge on your side here... realizing how easy this case should be for you to win and letting it turn into caselaw for future reference...

    One can pray at least!

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    Let's hope not. The judge is supposed to be impartial. If not, things could really get complicated.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  9. #359
    Regular Member 77zach's Avatar
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    Not Impartial

    The judge is not impartial. He's a judge who gets his salary from the state. They tend to side with the state and with their fellow bureaucrats. Let's hope the charges are seen as so ridiculous, that there is no choice but to rule in the right.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  10. #360
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by 77zach View Post
    The judge is not impartial. He's a judge who gets his salary from the state. They tend to side with the state and with their fellow bureaucrats. Let's hope the charges are seen as so ridiculous, that there is no choice but to rule in the right.
    Except they are elected by the people.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  11. #361
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    Quote Originally Posted by protias View Post
    Except they are elected by the people.
    Who is elected by the people? Judges? Sorry, not in Virginia. All are appointed that I'm aware of.

  12. #362
    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by 2a4all View Post
    Let's hope not. The judge is supposed to be impartial. If not, things could really get complicated.
    I wasn't implying that the judge is secretly rooting for Skid. What I had in mind with my satement, as implied further into my post, is that the judge can see further abuses of the charge against Skid in the same/similar manner and would rather have a final decision on the matter than let it drop and have this happen to another person later.

    I understand what you say by impartial, laws are supposed to be impartial too, but he could use this as a chance to further define the limits of the law in question, which I see as much harder to do if it's dismissed before trial. I am looking at the world as it is now, not as the ideal our founders wanted.

    I am new in the legal world (or to the world in general if you will) and I may be very wrong about this. Please educate me if this is so.

    Sent using tapatalk
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  13. #363
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by raftgyde View Post
    Who is elected by the people? Judges? Sorry, not in Virginia. All are appointed that I'm aware of.
    Hmm, that sucks. Here is WI they are elected.

    You guys need to elect good reps then. http://www.judicialselection.us/judi...s.cfm?state=VA
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  14. #364
    Regular Member 2a4all's Avatar
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    Quote Originally Posted by 77zach View Post
    The judge is not impartial. He's a judge who gets his salary from the state. They tend to side with the state and with their fellow bureaucrats. Let's hope the charges are seen as so ridiculous, that there is no choice but to rule in the right.
    Quote Originally Posted by protias View Post
    Except they are elected by the people.
    Not in Virginia. They're elected by a majority of both houses of the state legislature. However, their nominations to this process are generally reserved to senior legislators. http://www.courts.state.va.us/courts/cib.pdf
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  15. #365
    Campaign Veteran deepdiver's Avatar
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    I've been pretty absent from the forum for a while except for popping into the Missouri forum here and there (the current economy requires far more effort and time from this small business owner) and saw this saga linked on VA Open Carry Facebook page (where I can at least follow the antics of my VA OCDO friends lurking though I may be). I have been catching up on the several threads and posts. I regret that I missed the original calls for assistance. Skidmark, Ed, Peter, Grapeshot, are among the OCDO long timers I interacted with regularly in the early days of the forum and to whom I owe a debt for education, wisdom, good counsel and good (internet) company.

    I hope and pray that this day goes well for Skidmark. Working in a career that regularly involves legality and interaction with attorneys I have regularly heard, and have unfortunately learned, the adage that no matter how good your case, no matter how righteous your cause, no matter how innocent of fault, no matter how apparently sympathetic the judge, any trial is at best a 50/50 proposition, especially if a jury is involved. It appears that in this case User's legal acumen and the hard work and support of fellow forum members will skew that proposition in Skidmark's favor. At least that is my fervent hope.

    I am heartened to see that the spirit of OCDO, the indignation at infringement of our constitutionally protected rights, and the willing support and defense of those joined in common cause has not abated, and may have even intensified, during my somewhat long absence. Thank you to all of you actively supporting Skidmark for reminding me of that common cause and reason through your words and actions and for re-sparking my enthusiasm to continue the fight rather than just quietly living the life.

    God bless and good luck, Skidmark!

  16. #366
    Founder's Club Member - Moderator ed's Avatar
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    We won!

    Sent from my Desire HD using Tapatalk
    Carry On.

    Ed

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  17. #367
    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by ed View Post
    We won!

    Sent from my Desire HD using Tapatalk
    And there was much rejoicing!!!

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  18. #368
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    Quote Originally Posted by ed View Post
    We won!

    Sent from my Desire HD using Tapatalk
    WOOT!


    GO SKID! GO USER!


    I can't wait for the details. But, I will.


    So, it was NOT dismissed, which would have been a satisfactory outcome for Skidmark, but his side of the case prevailed, which now is a decision, which I do see as a better outcome.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  19. #369
    Regular Member crazydude6030's Avatar
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    Woot!

    YAY congrats! I wish I could have been there to see the look on some of their faces.

  20. #370
    Regular Member ocholsteroc's Avatar
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    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  21. #371
    Founder's Club Member Skeptic's Avatar
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    Quote Originally Posted by ed View Post
    we won!

    Sent from my desire hd using tapatalk
    awwwwwwwww yeahhhhhhhh

  22. #372
    Regular Member HeroHog's Avatar
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    Thia ia the BEST 30th Wedding Anniversary gift EVER Skid/User! We are SO happy!
    Speedy: LOCAL League VP, Pres, NWLOCAL Chapter
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

  23. #373
    Founder's Club Member Skeptic's Avatar
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    Quote Originally Posted by HeroHog View Post
    Thia ia the BEST 30th Wedding Anniversary gift EVER Skid/User! We are SO happy!
    Thanks I need to borrow those bananas and monkeys for a short conga line.


  24. #374
    Administrator John Pierce's Avatar
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    Yay for the good guys!


    John

  25. #375
    Regular Member HeroHog's Avatar
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    Now to compensate Skid, User and the people of VA who have suffered at the hands of fools!
    Speedy: LOCAL League VP, Pres, NWLOCAL Chapter
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

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