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  1. #1
    MikeG's Avatar
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    9th Circus tortures logic again

    9th Circuit overturns conviction of E.V. man who planned Super Bowl massacre - East Valley Tribune - Arizona Local News

    Sentence overturned in Glendale Super Bowl threat case

    http://www.ca9.uscourts.gov/datastor...3/08-10472.pdf

    Man, on Superbowl Sunday, loads his car up with a rifle and ammunition and mails letters that say he is going to kill a lot of people at the super bowl. Decides not to do it after mailing letters. Convicted on 6 counts of "mailing threatening communications." Tossed out.

    But Judge William Canby Jr., writing for the majority, pointed out the law requires that a threat be "addressed to any other person and containing ... any threat to injure the person of the addressee or another." In this case, though, while Havelock was threatening to injure some people, he mailed four of his threats to media outlets and the other two to music-related websites.

    Without an actual live "person" as the intended recipient of the mail, Canby said, there is no violation of the law.
    I read code. Not lawyer or LEO but I fail to how "aforesaid" doesn't just shoot this whole 9th circus thing down.

    I guess they are practicing "no harm, no foul" justice.
    Last edited by MikeG; 08-23-10 at 10:15 PM. Reason: court opinion

  2. #2
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    I like Creek's description more and more: Alice in Wonderland World. Or one of my fav's from Superman: Bizarro World. Remember that one? In the cube-shaped planet of Bizarro, they do everything the opposite from earthlings. Up is down, black is white, 9th Circus is a good court......

  3. #3
    retdetsgt's Avatar
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    I would love to see some stats showing how often the 9th's decisions are overturned by the Supreme court in relation to the other appeals courts. I tried to google it and had no success.
    Apparently, I'm supposed to be more angry about what Mitt Romney does with his money than what Barack & Michelle Obama do with mine

    My Little Buddy
    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  4. #4
    MikeG's Avatar
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    Quote Originally Posted by retdetsgt View Post
    I would love to see some stats showing how often the 9th's decisions are overturned by the Supreme court in relation to the other appeals courts. I tried to google it and had no success.
    Statistics on Supreme Court dispositions

  5. #5
    retdetsgt's Avatar
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    Thanks. At 57%, they're not that much far off from the others. I would have thought there would be more disparity between them and the other circuits.
    Apparently, I'm supposed to be more angry about what Mitt Romney does with his money than what Barack & Michelle Obama do with mine

    My Little Buddy
    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  6. #6
    MikeG's Avatar
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    It doesn't include summary reversals and I don't know how frequent they are.

    Example:
    Summary Reversal of Ninth Circuit Judge Reinhardt - Bench Memos - National Review Online

  7. #7
    retdetsgt's Avatar
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    I suspect the percentages remain about the same though.
    Apparently, I'm supposed to be more angry about what Mitt Romney does with his money than what Barack & Michelle Obama do with mine

    My Little Buddy
    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  8. #8
    Trip is offline Banned Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute Trip has a reputation beyond repute
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    Quote Originally Posted by retdetsgt View Post
    Thanks. At 57%, they're not that much far off from the others. I would have thought there would be more disparity between them and the other circuits.
    That's fascinating data. hmmmmm

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