Re: Chaos at the Capitol: New thread edition
 

[quote=Giantone;1314460]Getting back to trumps/chico's people who were peacefully protesting..............



[url]https://news.yahoo.com/man-faces-sentencing-bringing-guns-100916386.html[/url]

WASHINGTON (Reuters) - An Alabama man on Friday could be sentenced to more than three years in prison for bringing a pickup truck full of firearms, ammunition, and Molotov cocktails to Washington on Jan. 6, 2021, when former President Donald Trump's supporters stormed the U.S. Capitol.

Lonnie Coffman, 72, who already pleaded guilty to possessing unregistered firearms, is due to face a federal judge at 10 a.m. ET (1400 GMT).

Coffman faces 37 to 46 months in prison under federal sentencing guidelines. U.S. District Judge Colleen Kollar-Kotelly, who is hearing Coffman's case, has the authority to go below that range.
Coffman has been in custody since his arrest on Jan. 6, 2021, and his lawyer has argued that further incarceration is not warranted in light of his age, health, remorse and acceptance of responsibility.

Police officers arrested Coffman near the Capitol after noticing the handle of a gun in his pickup truck while they were responding to pipe bombs left outside the headquarters of the Democratic National Committee and Republican National Committee, both of which are near the Capitol.

Inside Coffman's truck, officers found an AR-15-style rifle, a shotgun, a crossbow, several machetes, smoke grenades and 11 Molotov cocktails. They also found a note with the name of at least one member of Congress and a judge, alongside the notation "bad guy."

Prosecutors said at the time that the combination of weapons and political messages “suggest that these weapons were intended to be used in an effort to violently attack our elected representatives.”[/quote]

[url]https://www.reuters.com/world/us/man-faces-sentencing-bringing-guns-molotov-cocktails-us-capitol-ahead-riot-2022-04-01/[/url]

Came up with a new headline for you G1.

"Guy who should be retired and enjoying life is instead sentenced to almost 4 years in prison because he let a reality-tv show host convince him to overthrow the government."

Nice.

Re: Chaos at the Capitol: New thread edition
 

First acquittal in a trial case for a rioter.

[url]https://www.npr.org/2022/04/07/1091392445/jan-6-riot-acquittal[/url]

I have a hard time with the judge's logic that it was reasonable to believe Martin was allowed to storm the Capitol.

Re: Chaos at the Capitol: New thread edition
 

[quote=BaltimoreSkins;1314687]First acquittal in a trial case for a rioter.

[url]https://www.npr.org/2022/04/07/1091392445/jan-6-riot-acquittal[/url]

I have a hard time with the judge's logic that it was reasonable to believe Martin was allowed to storm the Capitol.[/quote]

McFadden, who was nominated by former President Donald Trump, acquitted Martin of all four counts for which he was charged.

McFadden said it was reasonable for Martin to believe that outnumbered police officers allowed him and others to enter the Capitol through the Rotunda doors on Jan. 6, 2021. The judge also said Martin's actions were "about as minimal and non-serious" as anyone who was at the Capitol that day.

-------------------

Sounds like the judge skewed his "neutral fact finder" role in a non-jury case to reach the pre destined outcome the judge wanted.

I dont know the federal trespassing on the Capitol code or statute but it sounds like a "reasonable person" standard. "Would a reasonable person under the circumstances believe they were allowed to enter the Capitol?" ... theres no way in hell the judge actually thought a reasonable person would believe they were allowed to do what they did.

If the guy just walked into the Capitol, didnt hit any officers, then left .. I dont really care. Probably did a few days or more in pre trial detention.

Criminal defendants have a right to be tried by a judge and not a jury, their choice to waive jury trial.

Smart move. Get in front of a trump judge.

-------------

You want to talk about rogue judges applying their own bias and not the law .... but whatever just wouldnt trust this judge.

Re: Chaos at the Capitol: New thread edition
 

[quote=SunnySide;1314690]McFadden, who was nominated by former President Donald Trump, acquitted Martin of all four counts for which he was charged.

McFadden said it was reasonable for Martin to believe that outnumbered police officers allowed him and others to enter the Capitol through the Rotunda doors on Jan. 6, 2021. The judge also said Martin's actions were "about as minimal and non-serious" as anyone who was at the Capitol that day.

-------------------

Sounds like the judge skewed his "neutral fact finder" role in a non-jury case to reach the pre destined outcome the judge wanted.

I dont know the federal trespassing on the Capitol code or statute but it sounds like a "reasonable person" standard. "Would a reasonable person under the circumstances believe they were allowed to enter the Capitol?" ... theres no way in hell the judge actually thought a reasonable person would believe they were allowed to do what they did.

If the guy just walked into the Capitol, didnt hit any officers, then left .. I dont really care. Probably did a few days or more in pre trial detention.

Criminal defendants have a right to be tried by a judge and not a jury, their choice to waive jury trial.

Smart move. Get in front of a trump judge.

-------------

You want to talk about rogue judges applying their own bias and not the law .... but whatever just wouldnt trust this judge.[/quote]
The Prosecutor should file an appeal but with so many people it's useless.

Re: Chaos at the Capitol: New thread edition
 

[quote=Giantone;1314702]The Prosecutor should file an appeal but with so many people it's useless.[/quote]

Lolololol

Yes G1 let’s set fire to Constitutional rights

Re: Chaos at the Capitol: New thread edition
 

[QUOTE=Chico23231;1314712]Lolololol

Yes G1 let’s set fire to Constitutional rights[/QUOTE]


You’re such a good little Trumper using the constitution as a shiny object.

Chaos at the Capitol: New thread edition
 

Can you imagine what Chico and the rest of the Trumpers would be saying if BLM had done this to make a statement about racial inequality instead of a lie about a stolen election?. Omg.

I mean Trump would have had them all killed but if they somehow managed to get away with it to this point? Chico would have had a mental breakdown a long time ago. Instead its just white people adhering to the constitution. Lol. Ok.

Re: Chaos at the Capitol: New thread edition
 

[quote=Giantone;1314702]The Prosecutor should file an appeal but with so many people it's useless.[/quote]

Appeals based on factual determinations are near impossible as review courts defer to the fact finder who actually heard the evidence at trial vs superimposing their own view from reading a record. Courts give trials deference.

Appeals based on misapplication of law or judicial error .. those have legs. Standard is lower.

This judge (and every judge, even your district court county judge) knows that if they want an appeal proof judgment to try and base decision on a finding of fact.
---------

Had a bench trial 2 weeks ago, hit and run car accident, small case. Defense stipulated to liability in the hopes it would be inadmissible to introduce evidence of the hit and run. I had my client testify as to hit and run. defense objects and puts their "objection on the record" which indicates you are going to appeal. Defense moved for mistrial. judge denied.

Judge clearly stated on the record that he would not consider the hit and run testimony in reaching his verdict.

Judge gave me 3 times my specials (i was expecting 2) ... he took the hit and run into account but made an appeal proof record that he wouldnt.

Re: Chaos at the Capitol: New thread edition
 

[quote=SunnySide;1314719]Appeals based on factual determinations are near impossible as review courts defer to the fact finder who actually heard the evidence at trial vs superimposing their own view from reading a record. Courts give trials deference.

Appeals based on misapplication of law or judicial error .. those have legs. Standard is lower.

This judge (and every judge, even your district court county judge) knows that if they want an appeal proof judgment to try and base decision on a finding of fact.
---------

Had a bench trial 2 weeks ago, hit and run car accident, small case. Defense stipulated to liability in the hopes it would be inadmissible to introduce evidence of the hit and run. I had my client testify as to hit and run. defense objects and puts their "objection on the record" which indicates you are going to appeal. Defense moved for mistrial. judge denied.

Judge clearly stated on the record that he would not consider the hit and run testimony in reaching his verdict.

Judge gave me 3 times my specials (i was expecting 2) ... he took the hit and run into account but made an appeal proof record that he wouldnt.[/quote]

So after a prosecution and the defendant has been acquitted, can the prosecution file an appeal of a jury or judge decision? Seems like that might be a problem

Re: Chaos at the Capitol: New thread edition
 

[quote=Chico23231;1314724]So after a prosecution and the defendant has been acquitted, can the prosecution file an appeal of a jury or judge decision? Seems like that might be a problem[/quote]

Good question, im a low rent ambulance chaser dont do criminal but youd think double jeopardy attaches.

Id say no. You can file an appeal but itd probably be DOA.

Re: Chaos at the Capitol: New thread edition
 

[quote=SunnySide;1314719]Appeals based on factual determinations are near impossible as review courts defer to the fact finder who actually heard the evidence at trial vs superimposing their own view from reading a record. Courts give trials deference.

Appeals based on misapplication of law or judicial error .. those have legs. Standard is lower.

This judge (and every judge, even your district court county judge) knows that if they want an appeal proof judgment to try and base decision on a finding of fact.
---------

Had a bench trial 2 weeks ago, hit and run car accident, small case. Defense stipulated to liability in the hopes it would be inadmissible to introduce evidence of the hit and run. I had my client testify as to hit and run. defense objects and puts their "objection on the record" which indicates you are going to appeal. Defense moved for mistrial. judge denied.

Judge clearly stated on the record that he would not consider the hit and run testimony in reaching his verdict.

Judge gave me 3 times my specials (i was expecting 2) ... he took the hit and run into account but made an appeal proof record that he wouldnt.[/quote]



judicial error. The man had no right to be in the building, it was closed to the public. Had the MOB not broken in there is reasonable expectation he would not have been allowed in. If after being broken into a Capital Police Officer was trying to calm the situation by not attempting to remove the mob does not or can not be assumed permission of entrance.

Re: Chaos at the Capitol: New thread edition
 

[quote=Chico23231;1314712]Lolololol

Yes G1 let’s set fire to Constitutional rights[/quote]

Acquitted vs. Not Guilty – Is There a Difference?
Posted on August 17, 2020

While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged.

Note that an acquittal does not mean that the defendant is innocent in a criminal case. Rather, it means that the prosecutor failed to prove that the defendant was guilty “beyond a reasonable doubt.”

Note too that an acquittal is not the same thing as when charges get dismissed. A dismissal comes before a jury trial and usually takes place because:

the prosecutor does not believe there is enough evidence to support the case, or
the judge decides a case lacks credibility.
In a dismissal, the case against the defendant ends and he/she does not have to stand trial.

If a judge or jury acquits a defendant, then double jeopardy attaches and the defendant has a complete defense to an additional prosecution for the same offense in the same jurisdiction

Re: Chaos at the Capitol: New thread edition
 

[quote=punch it in;1314715]You’re such a good little Trumper using the constitution as a shiny object.[/quote]

Hey Punch! Hope you are well. At least it’s Friday

Re: Chaos at the Capitol: New thread edition
 

[quote=SunnySide;1314725]Good question, im a low rent ambulance chaser dont do criminal but youd think double jeopardy attaches.

Id say no. You can file an appeal but itd probably be DOA.[/quote]

Thanks SS.

Re: Chaos at the Capitol: New thread edition
 

The Republican party is a shit show! I actual remember when people would be thrown out of Congress for shit like Jan 6th.


[url]https://news.yahoo.com/mccarthy-feared-republican-lawmakers-put-113418203.html[/url]