lockman Posted January 9, 2011 at 09:43 PM Share Posted January 9, 2011 at 09:43 PM D.C.‘s Highest Court Allows Second Amendment Challenges to Long-Ago Convictions for Violating D.C. Handgun BanEugene Volokh • January 6, 2011 8:05 pm Magnus v. U.S., decided today by the D.C. Court of Appeals — essentially the D.C. equivalent of a state supreme court — concludes that a defendant who pled guilty in 1996 to violating D.C. handgun ban can now have that plea set aside given D.C. v. Heller, assuming his conduct was indeed protected by the Second Amendment (and didn’t, for instance, involve the possession of a gun to facilitate an illegal drug transaction). “A conviction for conduct that is not criminal, but is instead constitutionally protected, is the ultimate miscarriage of justice,” and a defendant can therefore ask to have it set aside (via a petition for coram nobis relief) even many years later. http://volokh.com/ Link to comment Share on other sites More sharing options...
sirflyguy Posted January 9, 2011 at 10:10 PM Share Posted January 9, 2011 at 10:10 PM D.C.‘s Highest Court Allows Second Amendment Challenges to Long-Ago Convictions for Violating D.C. Handgun BanEugene Volokh • January 6, 2011 8:05 pm Magnus v. U.S., decided today by the D.C. Court of Appeals — essentially the D.C. equivalent of a state supreme court — concludes that a defendant who pled guilty in 1996 to violating D.C. handgun ban can now have that plea set aside given D.C. v. Heller, assuming his conduct was indeed protected by the Second Amendment (and didn’t, for instance, involve the possession of a gun to facilitate an illegal drug transaction). “A conviction for conduct that is not criminal, but is instead constitutionally protected, is the ultimate miscarriage of justice,” and a defendant can therefore ask to have it set aside (via a petition for coram nobis relief) even many years later. http://volokh.com/This is good news. It is a sad thing that that which was and is plainly allowed in the Constitution became felonious conduct. Link to comment Share on other sites More sharing options...
Sigma Posted January 10, 2011 at 08:54 PM Share Posted January 10, 2011 at 08:54 PM this is the type of rulings that we need to make politicians, district atty, and judges think before they act Link to comment Share on other sites More sharing options...
mstrat Posted January 10, 2011 at 10:39 PM Share Posted January 10, 2011 at 10:39 PM this is the type of rulings that we need to make politicians, district atty, and judges think before they act Unfortunately, the only thing that they hear is dollars and cents. It might be a good thing if we see some successful suits against the feds by people who rotted away in prison for what should have been lawful actions. Link to comment Share on other sites More sharing options...
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