Jump to content


Photo

Southerland v. ESCAPA


This topic has been archived. This means that you cannot reply to this topic.
8 replies to this topic

#1 press1280

    Member

  • Members
  • PipPipPipPipPip
  • 268 posts
  • Joined: 23-October 11

Posted 06 April 2016 - 04:40 PM

Looks like a pro se challenged both the open carry ban on handguns AND long guns. The judge? You guessed it. Myerscough once again ruling neither violates the 2A.

Seems the pro se attorney didn't cite the many 19th century state cases that would have helped her claim. But it just goes to show these things should sometimes be left to professionals.

 

http://scholar.googl...d=2&as_sdt=6,49



#2 solareclipse2

    Member

  • Members
  • 2,267 posts
  • Joined: 07-January 13

Posted 06 April 2016 - 04:56 PM

Why would anyone who cares enough to file suit try to do this themselves? Completely inadequate to represent themselves. They should see if they can get a lawyer and appeal.


I WILL LOSE EVERY ARGUMENT FROM NOW ON, I WILL WALK AWAY FROM EVERY FIGHT OR CONFRONTATION, I WILL TAKE THE HIGH ROAD.

#3 222 rem mag

    Member

  • Members
  • PipPipPip
  • 161 posts
  • Joined: 09-February 15

Posted 07 April 2016 - 08:07 AM

Friends of mine. Money was issue

#4 222 rem mag

    Member

  • Members
  • PipPipPip
  • 161 posts
  • Joined: 09-February 15

Posted 07 April 2016 - 08:17 AM

Her husband has a conspiracy case lodged against escapa as well in federal courrt with an attourney. The states attourney and sherriffs department conspired to frame mr southerland when he was running for sherrif one the plat form that he would fire the whole dept and bring in new to get rid of the corruption. I wish he would have gotten it

#5 quackersmacker

    Member

  • Supporting Members Team
  • 1,991 posts
  • Joined: 21-September 12

Posted 07 April 2016 - 08:46 AM

Why would anyone who cares enough to file suit try to do this themselves? Completely inadequate to represent themselves. They should see if they can get a lawyer and appeal.

I don't think you'll see an appeal on this one.   Did you read the conclusion?    "The Plaintiff's claim is DIMISSED [sic] WITH PREJUDICE. This case is CLOSED."      Caps are Judge Myerscough's.   Yikes.

 

Appeals are expensive, and if money is an issue, I think it would be very difficult to find an attorney who would be interested in appealing this decision pro bono.  It might even be difficult to find an attorney to appeal this on a paid basis.  But then again, the sharks are often hungry...........


Life Member --- NRA Endowment Level
Life Member --- Second Amendment Foundation
Life Member --- Tennessee Gun Owners
Member        --- Single Action Shooting Society    [Lt John Dunbar]
Member        --- Oak Ridge Sportsmen's Association

 
Fellow Members:  Please consider making at least an annual $25 contribution to this fine organization, which has proven its worth -----and you will then become a member of the Supporting Members Team.   In this case, it's definitely about putting your money where your mouth is!   And, getting results.  Who knows what the future holds.....these may just be some of the best dollars you'll ever spend.


#6 transplant

    Member

  • Supporting Members Team
  • 2,621 posts
  • Joined: 14-May 13

Posted 07 April 2016 - 08:36 PM

Friends of mine. Money was issue

 

What was the motivation for filing this in the first place?



#7 MrTriple

    Member

  • Members
  • 1,899 posts
  • Joined: 22-April 13

Posted 08 April 2016 - 07:12 AM

[quote name="quackersmacker" post="993769" timestamp="1460040413"][quote name="solareclipse2" post="993578" timestamp="1459983383"]
Why would anyone who cares enough to file suit try to do this themselves? Completely inadequate to represent themselves. They should see if they can get a lawyer and appeal.
[/quote]
I don't think you'll see an appeal on this one.   Did you read the conclusion?    "The Plaintiff's claim is DIMISSED [sic] WITH PREJUDICE. This case is CLOSED."      Caps are Judge Myerscough's.   Yikes.
 
Appeals are expensive, and if money is an issue, I think it would be very difficult to find an attorney who would be interested in appealing this decision pro bono.  It might even be difficult to find an attorney to appeal this on a paid basis.  But then again, the sharks are often hungry...........[/quote

Does this essentially kill any future attempts to challenge our open carry ban?
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

-Hapless

#8 quackersmacker

    Member

  • Supporting Members Team
  • 1,991 posts
  • Joined: 21-September 12

Posted 08 April 2016 - 08:37 AM

It

 

[quote name="solareclipse2" post="993578" timestamp="1459983383"]
Why would anyone who cares enough to file suit try to do this themselves? Completely inadequate to represent themselves. They should see if they can get a lawyer and appeal.

I don't think you'll see an appeal on this one.   Did you read the conclusion?    "The Plaintiff's claim is DIMISSED [sic] WITH PREJUDICE. This case is CLOSED."      Caps are Judge Myerscough's.   Yikes.
 
Appeals are expensive, and if money is an issue, I think it would be very difficult to find an attorney who would be interested in appealing this decision pro bono.  It might even be difficult to find an attorney to appeal this on a paid basis.  But then again, the sharks are often hungry...........[/quote

Does this essentially kill any future attempts to challenge our open carry ban?

IMO, It's not an appellate court decision, so technically it has no mandatory state wide effect.  A case brought in Illinois' Northern District (good luck with that!) or the Southern District might be decided differently, though they might very well decide to follow the reasoning of this court.  A split would have to be appealed.  But no, this decision does not essentially kill any future attempts to challenge our open carry ban.  

 

I'm sure the pro se aspect didn't help the plaintiff's case.  As they say, "bad facts make bad law."   In this case, it may have been inadequate arguments made before the court, and obviously this judge NEVER wants to see this plaintiff again.


Life Member --- NRA Endowment Level
Life Member --- Second Amendment Foundation
Life Member --- Tennessee Gun Owners
Member        --- Single Action Shooting Society    [Lt John Dunbar]
Member        --- Oak Ridge Sportsmen's Association

 
Fellow Members:  Please consider making at least an annual $25 contribution to this fine organization, which has proven its worth -----and you will then become a member of the Supporting Members Team.   In this case, it's definitely about putting your money where your mouth is!   And, getting results.  Who knows what the future holds.....these may just be some of the best dollars you'll ever spend.


#9 222 rem mag

    Member

  • Members
  • PipPipPip
  • 161 posts
  • Joined: 09-February 15

Posted 08 April 2016 - 11:26 AM

Partially.just cause they believe in open carry. And there were some hijinx played out by the states attourney escapa and the local sherriffs dept against her husband and son. Essentially they conspired to get her husband who was running for sherriff arrested on felony charges right before election as a smear campaighn. The judge on that case threw the case out after evidence of conspiracy and perjury were presented and spaanked the states attourney who is anti 2nd amendment in open court. There is a case pending againt those parties now. Unfortunately that happened to late to help his election chances. My guess is this case was just because nell was angry at the states attorney and decided to be an annoyance