Subscribe in a ReaderSupremes Take a Position on Guns
June 26th, 2008 Filed Under Legal News, Supreme Court
From Seattle Weekly’s Laura Onstot: Washington D.C.’s hand-gun ban was struck down in a 5-4 decision today by the U.S. Supreme Court. If you’ve got some time on your hands you can read the entire 157 page opinion here. Justice Antonin Scalia wrote for the majority (are you really surprised). But here’s a general taste of the reasoning:
It is therefore entirely sensible that the Second Amendment’s prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia. The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.
I forget when deer season opens in D.C. but I’m sure the ability to tote around a major-caliber Mini Glock will help you nail one for the family dinner table, which you are now able to protect from the other Mini Glock-toting criminals just waiting to break down your door.Justice John Paul Stevens wrote for the nansy pansies, er… dissenters. He was joined by David Souter, Ruth Bader Ginsburg, and Steven Breyer. His dissent begins on page 68, but here’s a taste for everyone who has no intention of wading through the thing.
The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. …. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
New Cell Phone Law
June 25th, 2008 Filed Under Legal News, Traffic
Starting July 1, drivers who hold a cell phone to their ear will be playing a game of roulette. The new law makes it illegal to hold the phone to your ear while driving, but law enforcement can only pull you over if you have caused another traffic offense. Those caught will have to pony up $124 for the cell-phone citation. From Annie Martin at the Kitsap Sun. Full article here.
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
Busted
June 24th, 2008 Filed Under Legal News
God was busted today. At high noon.
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
When the Sixth Amendment Triggers
June 23rd, 2008 Filed Under Legal News, Supreme Court Rulings
ROTHGERY v. GILLESPIE COUNTY, TEXASIn an 8-1 ruling, the Supreme Court made clear that an indigent defendant’s right to a lawyer begins when they are brought before a judge, and informed why they are being arrested and jailed. ”We merely reaffirm what we have held before and what an overwhelming majority of American jurisdictions understand in practice: a criminal defendant’s initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel,” said Justice David Souter, who delivered the opinion of the court.The court ruled in favor of Walter Rothgery, whose request for a lawyer was denied by local Texas authorities for six months. Texas police relied on erroneous information that petitioner Walter Rothgery had a previous felony conviction to arrest him as a felon in possession of a firearm. The officers brought Rothgery before a magistrate judge, as required by state law, for a so-called “article 15.17 hearing,” at which the Fourth Amendment probable-cause determination was made, bail was set, and Rothgery was formally apprised of the accusation against him. After the hearing, the magistrate judge committed Rothgery to jail, and he was released after posting a surety bond. Rothgery had no money for a lawyer and made several unheeded oral and written requests for appointed counsel. He was subsequently indicted and rearrested, his bail was increased, and he was jailed when he could not post the bail. Subsequently, Rothgery was assigned a lawyer, who assembled the paperwork that prompted the indictment’s dismissal.Source: ABA Criminal Justice Section
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
Art Imitates Life
June 21st, 2008 Filed Under Legal News
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
Congrats
June 20th, 2008 Filed Under Legal News
Congratulations to all those that were honored at the Washington Association of Criminal Defense Lawyers annual conference. Article here.
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
Local Blog Meet-up
June 16th, 2008 Filed Under Blogs, Events
If you live in, around or near Seattle, please come join the 2nd Seattle Law Blogger Meet-up. Details can be found here, at Mike Atkin’s Trademark Lawyer website. The last meet-up was a lot of fun. We had a diverse crowd and it was a great opportunity to discuss blogging with your peers.
UPDATE: There were a number of aspiring bloggers at our last meeting. So you are highly encouraged to attend if you are thinking about starting up a blog.
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
Another View on Medical Marijuana
June 11th, 2008 Filed Under Marijuana Laws, Marijuana Reform, Video
I had not heard of reason.tv before today. However, this morning I received a link for a video on the website. It was hosted by Drew Carey and looks at the issue of medical marijuana and the use by minors. The program goes beyond its anecdotal subject and challenges the Federal and police agencies position on enforcement in the face of the hundreds of organizations that recognize the medicinal values of marijuana. Definitely worth a look. You can see the video here.
Post Linx
Permalink | Trackback |
|
Print This Article | Leave a Comment
Pizza Time?
June 5th, 2008 Filed Under ACLU, Privacy Concerns
The American Civil Liberties Union looks into the not to distant future with this funny and scary video.
“We may not live in a society where government and private corporations collude to track your every move — not yet anyways. But, we are fast approaching a surveillance society where every move, transaction and communication is recorded, compiled, and stored away to be examined and used by the authorities — and even private corporations –whenever they want.”
If the video makes you smile but also makes you wonder, go visit the take action page.
Post Linx
Permalink | Trackback |
|
Print This Article | 1 Comment