General Categories > Laws and Legislation
My CHP appeal is heading to the NE Supreme Court
XDHusker:
--- Quote from: RedDot on January 17, 2014, 05:58:36 PM ---Without being too judgmental I would say the legal fees would have been better spent fighting the original conviction than trying to split hairs over the definition of "violent" in relation to a sexual crime. Just sayin....
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lol, true that. I wish there were something I could do, but all avenues have been exhausted on that one. A pardon is the only option at this point, but typically you have to wait 10 years to even apply.
unfy:
--- Quote from: Husker_Fan on January 17, 2014, 02:52:00 PM ---It sounds like the opinion issued today and was not what the OP had hoped for.
ETA link to opinion:
http://supremecourt.ne.gov/sites/supremecourt.ne.gov/files/sc/opinions/s13-207.pdf
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I've fetched and will give this a further reading before posting opinions. Might be a few days. Hopefully not.
Given the result: sorry to hear XDHusker :(
XDHusker:
--- Quote from: unfy on January 17, 2014, 06:10:57 PM ---I've fetched and will give this a further reading before posting opinions. Might be a few days. Hopefully not.
Given the result: sorry to hear XDHusker :(
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Thanks
My not so expert legal take is that the real meat that everyone here should be concerned about is this part:
Section 69-2433 lists numerous convictions which serve to disqualify an applicant from receiving a concealed handgun permit. The obvious purpose of § 69-2433 is to prevent people with a demonstrated propensity to commit crimes, including crimes involving acts of violence, from carrying concealed weapons so as to minimize the risk of future gun violence. Regardless of which definition of attempt is applied, Underwood stands convicted of having attempted to commit third degree sexual assault of a child. An attempt to commit a crime is indicative of future behavior, and in the context of § 69-2433(5), we believe the attempt itself is an act of violence. Thus, Underwood has “been convicted of a misdemeanor crime of violence” under § 69-2433(5), as the district court so determined.
jFader:
--- Quote from: XDHusker on January 17, 2014, 06:06:21 PM ---
I think there is one thing we can agree on though. If I am going to commit a "future crime" with my weapon the fact that I have a CCW or not is going to change nothing.
Tony
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Absolutely! I think the law regarding gun ownership should have the same parameters as the law to carry concealed... I also think that shouldnt be as restrictive as it is, but that's another topic for another day.
RedDot:
Feel bad for ya. From reading the PDF the conviction seemed based on a sketchy testimony and an emotional verdict.
From reading the paper today you could surmise that if you carry a small amount of drugs along with your gun in any "future crime" the DA will make the gun charge disappear. Although, the legal system's ability to predict indicator of "future crime" is no longer even laughable...it's nearly a crime in and of itself.
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