Defendant had right to walk away from approaching Police officer

[Hawkflyer]

imported post

Repeater wrote:

Sheriff wrote:

Repeater wrote:

BENTON, Judge, with whom ELDER, J., joins in Part I, dissenting.

It is not illegal in Virginia to carry a gun if one is lawfully permitted to do so and if the gun is not held in a reckless or threatening manner..... if a person desires to transport a firearm from his automobile to his residence, the firearm must be openly displayed...... Officer Lecroy was not justified in his “belief that his safety or that of others was in danger.”

Tell me it ain't so! :shock:
What is wrong with these judges? :lol:

(sarcasm folks, sarcasm!)

Judge Benton was the fiercest defender of the Bill of Rights -- including the Fourth -- on the Court of Appeals.

Sadly, he was forced into retirement and is no longer there.

Obviously sat in the front row and listened in class.

 

[Hawkflyer]

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DELETED Double tap

 

[Citizen]

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Repeater wrote:

Christian v Commonwealth, 33 Va.App. 704, 536 S.E.2d 477 (Va.App.,2000).

THANK YOU! Repeater.

That's the case.

 

[Repeater]

imported post

Hawkflyer wrote:

Repeater wrote:

Sheriff wrote:

Repeater wrote:

BENTON, Judge, with whom ELDER, J., joins in Part I, dissenting.

It is not illegal in Virginia to carry a gun if one is lawfully permitted to do so and if the gun is not held in a reckless or threatening manner..... if a person desires to transport a firearm from his automobile to his residence, the firearm must be openly displayed...... Officer Lecroy was not justified in his “belief that his safety or that of others was in danger.”

Tell me it ain't so! :shock:
What is wrong with these judges? :lol:

(sarcasm folks, sarcasm!)

Judge Benton was the fiercest defender of the Bill of Rights -- including the Fourth -- on the Court of Appeals.

Sadly, he was forced into retirement and is no longer there.

Obviously sat in the front row and listened in class.

From the Virginia Lawyers Weekly:

Benton to retire from Court of Appeals
July 18th, 2007

Judge James W. Benton Jr., the last of the original members of the Virginia Court of Appeals, will retire Oct. 1.

Benton turns 64 in September [2007]. He is also the state’s senior appellate judge.

A native of Norfolk and a graduate of Temple University and the University of Virginia law school, Benton was appointed to the court of appeals when it was created in 1985. He had been in private practice in Richmond before the appointment. He was and is the only black member of the court.

Benton generally is regarded as the most liberal member of the court and dissents far more often than any other judge, usually on behalf of criminal defendants. Despite his frequent disagreement with his colleagues, he is well respected by the other members of the court for his intelligence, work ethic and pleasant demeanor.

With all due respect to Alan Cooper, who wrote the article, I would have written it a bit differently:

Benton generally is regarded as the most libertarian member of the court and dissents far more often than any other judge, usually on behalf of citizens. Despite his frequent disagreement with his colleagues, he is well respected by the other members of the court for his intelligence, work ethic and pleasant demeanor.

 

[Hawkflyer]

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Repeater wrote:

...SNIP

Benton generally is regarded as the most libertarian member of the court and dissents far more often than any other judge, usually on behalf of citizens. Despite his frequent disagreement with his colleagues, he is well respected by the other members of the court for his intelligence, work ethic and pleasant demeanor.

I would actually agree with your rewrite. I was a party to a case that went to the VA Supreme court. He lead the opinion that we were correct in a suit against the government. TWICE! One of those was a FOIA case.

 

[Citizen]

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Repeater quoted an article saying:

SNIP He was and is the only black member of the court.

Oh! Here's another person who feels parentage is important.





That wasn't aimed at anybody in particular. I've just never understood why some people are such hawks about parentage. You'd think the argument wouldn't fly.





Oh my. LookatthetimeWell,gottabegoing.Seey'alllater.

 

[Hawkflyer]

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Citizen wrote:

...SNIP

Oh! Here's another person who feels parentage is important.





That wasn't aimed at anybody in particular. I've just never understood why some people are such hawks about parentage. You'd think the argument wouldn't fly.





Oh my. LookatthetimeWell,gotta be going.See y'all later.

It is not like the difference between parenting and parentage is as great as the difference between sewing and sewage.

 

[Citizen]

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Hawkflyer wrote:

SNIP It is not like the difference between parenting and parentage is as great as the difference between sewing and sewage.

(Well, if we're going to use homynyms, instead of root words.)

"No, but around here most of us can tell the difference between packing and package."

 

[Citizen]

imported post

Hawkflyer wrote:

It is not like the difference between parenting and parentage is as great as the difference between sewing and sewage.

Better be careful how you sew up that argument. Don't wanta end up with...

 

[Citizen]

imported post

Well, back to Jones vs Commonwealth. After owning the thread for a bit, I don't want to experience ownage.