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The Tale of Henrico - Chapter 2 in a Ferry Tale - Arrested for following the law

nousdefions794

Regular Member
Joined
Nov 7, 2008
Messages
13
Location
NoVA
"Join Date: Nov 2008"
Posts: 2

Now that's a serious lurker there! Nice username!

TFred

Thanks. I forgot that I was a member here. I'm on the VCDL mailing list and one of their links brought me here. I was so enraged when I read about this injustice that I donated immediately. I also found out that when I attempted to register, I had already joined back in 2008!
 

Tanner

Regular Member
Joined
May 10, 2012
Messages
474
Location
Chesterfield, Virginia, United States
Hey o!

I know I've been away from the party for a while but I must say I'm surprised this is still a on going issue. Hope everyone from the breakfast club is well. I only imagine the excellent conversation I am missing out on when it comes to the tax that is not a tax but is a tax we call the unaffordable I don't care act.:banghead:
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I know I've been away from the party for a while but I must say I'm surprised this is still a on going issue. Hope everyone from the breakfast club is well. I only imagine the excellent conversation I am missing out on when it comes to the tax that is not a tax but is a tax we call the unaffordable I don't care act.:banghead:
Long time no si, Tanner.

The wheels of justice turn slowly, in some cases so that the prosecutor can keep up. That and a strange jury verdict pushed this one to the next stage.

Ol' Pharts Club doing well - we will have our hands full for the next four years.

Come see us when you can - I'll buy the first cup. :)
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
It's pending the Court of Appeals. If the appeal is granted it will be a closed court. I'm not sure the defendant is even required to show.
And it is my understanding that there is no time limit or requirememnt the court even respond.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
It's pending the Court of Appeals. If the appeal is granted it will be a closed court. I'm not sure the defendant is even required to show.

First of all, the Court of Appeals has not announced if they will hear the case or they reject the appeal.

If they grant an appeal hearing, the Defendant usually is not present. Often the attorneys do not physically appear - they merely submit briefs.

A reminder - this appeal is not about whether Scpouser is guilty or not guilty. It is about if, in the process of declaring him guilty, any of his Virginia and/or Federal constitutional rights were violated or if there was "legal error" during the trial. That means that either the Commonwealth Attorney or the judge (or both) applied a law or judicial rule of procedure differently that what the higher courts have interpreted those to be or how they should have been applied.

Understand that I am not saying that Scouser was as guilty as sin, but even if he was but his rights were violated or an improper interpretation of law was used in getting to the point of convicting him, he is entitled to have that decision set aside. Sometimes the Court of Appeals will find that the error was not how the defendant was found guilty but in how the sentence of the trial court was reached.

In my opinion there were violations of right, misinterpretations of law, and how the sentence of the trial court was reached. If the Court of Appeals agrees with any of those points they could set aside the guilty verdict. Then we would need to wait to see if the Commonwealth Attorney files an appeal to the VA Supreme Court. If they do not, the matter is ended. If they do, we probably all go back to square one and start the appeal process over again at that level.

We are going to need a big tub of popcorn while this case plays out. IMHO at this point no news is good news.

stay safe.
 

tomrkba

Regular Member
Joined
Dec 4, 2011
Messages
125
Location
Virginia
Is Mr. Corry still legally able to openly carry a handgun in Virginia? I believe skidmark stated that "...he did not lose his gun rights." (or similar).
 
Last edited:

2a4all

Regular Member
Joined
Jul 1, 2008
Messages
1,846
Location
Newport News, Virginia, USA
A bit OT, but...

Mrs. 2A4ALL & I attended the swearing in ceremony for the new NNPD Chief, Richard Myers today. As you would expect, there were representatives from several LEAs in attendance in dress uniforms. What struck me as a bit unusual was the appearance of the delegation from Henrico (A Captain and their Chief). These guys looked like NJ State Troopers! They were definitely different from everyone else in the room.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
A bit OT, but...

Mrs. 2A4ALL & I attended the swearing in ceremony for the new NNPD Chief, Richard Myers today. As you would expect, there were representatives from several LEAs in attendance in dress uniforms. What struck me as a bit unusual was the appearance of the delegation from Henrico (A Captain and their Chief). These guys looked like NJ State Troopers! They were definitely different from everyone else in the room.
A tactically sound observation - they apparently did not outflank you. :cool:
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Is Mr. Corry still legally able to openly carry a handgun in Virginia? I believe skidmark stated that "...he did not lose his gun rights." (or similar).

He has not lost his right to carry a firearm but one of the conditions of his bond is that he not possess one.
After the appeal, win or lose, he may resume.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
First of all, the Court of Appeals has not announced if they will hear the case or they reject the appeal.

If they grant an appeal hearing, the Defendant usually is not present. Often the attorneys do not physically appear - they merely submit briefs.

A reminder - this appeal is not about whether Scpouser is guilty or not guilty. It is about if, in the process of declaring him guilty, any of his Virginia and/or Federal constitutional rights were violated or if there was "legal error" during the trial. That means that either the Commonwealth Attorney or the judge (or both) applied a law or judicial rule of procedure differently that what the higher courts have interpreted those to be or how they should have been applied.

Understand that I am not saying that Scouser was as guilty as sin, but even if he was but his rights were violated or an improper interpretation of law was used in getting to the point of convicting him, he is entitled to have that decision set aside. Sometimes the Court of Appeals will find that the error was not how the defendant was found guilty but in how the sentence of the trial court was reached.

In my opinion there were violations of right, misinterpretations of law, and how the sentence of the trial court was reached. If the Court of Appeals agrees with any of those points they could set aside the guilty verdict. Then we would need to wait to see if the Commonwealth Attorney files an appeal to the VA Supreme Court. If they do not, the matter is ended. If they do, we probably all go back to square one and start the appeal process over again at that level.

We are going to need a big tub of popcorn while this case plays out. IMHO at this point no news is good news.

stay safe.

Still on my list of watched topics and still waiting.
 

blade10

Regular Member
Joined
Sep 7, 2009
Messages
63
Location
Woodbridge, VA
If his ability to carry a firearm will not be effected by winning or losing, I fail to see why that is a condition of the bond. What am I missing?

Blade

Sent from my SGH-M919 using Tapatalk
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
If his ability to carry a firearm will not be effected by winning or losing, I fail to see why that is a condition of the bond. What am I missing?

Blade

Sent from my SGH-M919 using Tapatalk
Some judges exercise their judicial authority in ways difficult to understand. :(
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
If his ability to carry a firearm will not be effected by winning or losing, I fail to see why that is a condition of the bond. What am I missing?

Blade

Sent from my SGH-M919 using Tapatalk

One word..."Henrico"
 
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