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

[Utah_Patriot]

Update yet


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[Grapeshot]

Update yet


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The Court of Appeals has not responded yet as to when or if they will hear this - the wheels of justice turn very sl o w l y.

 

[skidmark]

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

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Because what he did showed that he is a dangerous, emotionally unstable, highly volatile person who cannot be trusted.

Or something like that.

Oh, I see that I forgot to include "scary".

stay safe.

 

[1245A Defender]

I too have been wondering where this case is now and where it is going!

Because what he did showed that he is a dangerous, emotionally unstable, highly volatile person who cannot be trusted.

Or something like that.

Oh, I see that I forgot to include "scary".

stay safe.

this description sounds exactly like,,, YOU!!!
someone that would make me more scared than in my whole life! :lol:

 

[peter nap]

I too have been wondering where this case is now and where it is going!




this description sounds exactly like,,, YOU!!!
someone that would make me more scared than in my whole life! :lol:

If I ever said anything bad about you Defender...I take it back.
I'll be giggling about that for a week!

 

[Grapeshot]

 

[Tanner]

Skidmark is scary. In school I was told we as people are afraid of things we don't understand. So this must be why no one understands him!

 

[Grapeshot]

Skidmark is scary. In school I was told we as people are afraid of things we don't understand. So this must be why no one understands him!

Miss you Tanner - hope the sunshine has been good to you.

Come see us.

 

[peter nap]

Miss you Tanner - hope the sunshine has been good to you.

Come see us.

Plus 1

 

[skidmark]

I too have been wondering where this case is now and where it is going!

this description sounds exactly like,,, YOU!!!
someone that would make me more scared than in my whole life! :lol:

If I ever said anything bad about you Defender...I take it back.
I'll be giggling about that for a week!

Skidmark is scary. In school I was told we as people are afraid of things we don't understand. So this must be why no one understands him!

Thank you, one and all. While any recognition is good, it is heartwarming to be recognized for real talent.

stay safe.

 

[Tanner]

Thank you, one and all. While any recognition is good, it is heartwarming to be recognized for real talent.

stay safe.

No one curmudgeons quite like you Skid.
and I'll be visiting at least once this year. Need to get out of the sunshine state and back to the gunshine state.

so far as I can tell I can only OC if hunting or fishing. Just discovered a loop hole that makes OC of antique guns technically legal. Yea we all know how that would work out

 

[Grapeshot]

Thank you, one and all. While any recognition is good, it is heartwarming to be recognized for real talent.

stay safe.

A talent saved is a talent earned.
http://simple.wikipedia.org/wiki/Talent_(weight)

 

[Grapeshot]

Cuccinelli references this case

Was listening to a talk radio show early this morning. Cuccinelli was one of the subjects. He spoke about how some of Virginia's gun laws turn law-abiding citizens into criminals and used the example of our member in Henrico County who moved a gun from his glove box and was seen by a school bus driver doing this resulting in a brandishing charge. Cuccinelli thought this was way beyond the scope and spirit of the law.
--snip-

http://forum.opencarry.org/forums/newreply.php?do=newreply&p=2041473

 

[user]

Status update: Petition for appeal filed in the Virginia Court of Appeals. At least in theory, the opinions of anyone other than the judges of that court will have absolutely no bearing on what happens.

 

[peter nap]

At least in theory, the opinions of anyone other than the judges of that court will have absolutely no bearing on what happens.

:lol: A picture is worth a thousand words but a sentence from User is worth an entire library!:lol::lol:

 

[skidmark]

Status update: Petition for appeal filed in the Virginia Court of Appeals. ....

Pardon me for appearing dumber that I actually am, but I thought that had happened several months ago.

Or is this the legalese way of saying they have accepted the case? (Which I'm thinking it is.)

http://webdev.courts.state.va.us/ca...mber=214613&appellant=corry,+graham&appellee= Come back later when there is some actual information about the case there.

stay safe.

 

[Grapeshot]

The wheels turn slooowly

Case Number: 2146-13-2

Case Type: CRIMINAL APPEAL

Copy of Notice Received: 11-06-2013

Record Received: 01-03-2014

http://webdev.courts.state.va.us/cav-public/caseInquiry/showCasePublicInquiry?caseNumber=214613&appellant=corry%2C+graham&appellee=

 

[Bob1]

Grape, what do those entries mean in plain language?

Is "Copy of Notice Received" the date the court was officially notified of the defendant's intention to appeal?

And if so, presumably "Petition for Appeal Received" (17 Mar 2014) is the date the appeal was actually filed for court consideration.

But what does the "Record Received" entry signify?

Last, is there a timeline for the Appellate Court to take further action?

 

[Seigi]

http://www.courts.state.va.us/courts/cav/cavinfo.pdf

Grape, what do those entries mean in plain language?

Is "Copy of Notice Received" the date the court was officially notified of the defendant's intention to appeal?
I think so.

And if so, presumably "Petition for Appeal Received" (17 Mar 2014) is the date the appeal was actually filed for court consideration.
Per the above source, "A petition is a formal written application to a court requesting judicial action on a certain matter."

But what does the "Record Received" entry signify?
As I've ever seen the term used, the "record" is the whole of the case, as it occurred below. Everything filed, everything noted, everything transcribed - the record is what you get when the lower court's clerk of court gathers up everything they have (after waiting for everything pending to get in) and sends it on over. The record is how the appellate court knows what is going on, their basis of case history. Its filing date is significant - in jurisdictions I am familiar with, this is what starts the clock ticking on the deadlines for the attorneys to file the initial briefs.

Last, is there a timeline for the Appellate Court to take further action?
A Judge is going to look at the Petition and decide where the appeal goes. If you find the appellate rules, you may find a deadline for this. But some appellate courts operate on a when-we-can-get-to-you basis, and get really backlogged.

So by my understanding, the appeal was requested in or shortly before November (notice on that probably got through fast), the trial court got their papers in in January (delay may be due to preparation of transcripts, combined with Christmas), and a couple days ago the appellate court, for the first time, heard from an attorney on the case. Who is arguing why they should even have the discussion in a contradictory manner instead of kicking it. (See page 3 of above link.) Prior to that Petition, all that anyone at the appellate court would know, had they looked in on the box(es), was what had happened in the trial court, and that some part of it had displeased a party.

 

[user]

Correct, Seigi. It isn't really possible other than in abstract terms, to even think about the petition itself until after the transcript is available. Then it's necessary to go through the transcript, generally several times, figuring out exactly what the appealable issues are and how the objections were preserved at the trial court. The appellate courts will not consider any issue as to which there was no objection at trial. The point of the appeal is to correct errors that the trial court made, so in order to appeal, there has to be a "contemporaneous objection" that gives the trial court the opportunity to correct its own error. So after sifting through the transcript, the petition gets drafted, and doing so is extremely complicated from a technical perspective. In theory, substance controls over form, but not on appeal. You have to be able to certify how many words there are in the appeal itself, exactly, to the word, excluding certain parts, so as not to run afoul of one of their rules. The common wisdom is that the appeals courts are so flooded with requests that they need arbitrary methods of getting rid of cases, so they've got all these technicalities they use to throw you out before your case is even considered. In this case, I didn't get notice that the record had been transmitted by the trial court and received in the appellate court, apparently due to a technical email glitch, until it was almost too late to file the petition - I had to file a motion for an extension of time, which was granted. The petition was actually mailed on Friday, March 14, which, under the rules, was actually the filing date. They must have actually received it on Monday March 17, so I'll have to document the method of mailing and send them a little something to point that out.

In criminal cases, the defendant doesn't have a right to appeal in Virginia except in capital cases in which the appeal is automatic. What's funny is that the U.S. Sup. Ct. said that due process requires a right to appeal in a death penalty case, but no one has ever said that the defendant in any other criminal case has a right to due process. So one has to beg the court by petition to hear his appeal. "Please, sir, I want some more..."

I've added a link to a PDF containing the petition for appeal to my website - scroll down to the set of links marked, "useful stuff" - it's the last in that set. I'd be interested in any opinions about the petition, of course.