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76 members (gobblebox, RockFarmer, furnfeather, Avengedsevenfold, !shiloh!, skymech, capehorn24, BigEd, trlrdrdave, Zbrann, akbejeepin, square, coosabuckhunter, Morris, mopar, Chiller, 4Him146, Bowfish, UncleHuck, Tree Dweller, Whitetaillane, dave260rem!, janiemae, brett.smith, Vernon Tull, Mjh97, Backwards cowboy, AuGrayghost, Sqzpla, sawdust, outdoorguy88, PossumPecker, CNC, Frankie, jaredhunts, MarkCollin, Jdabbs, crenshawco, scrape, jmj120, rutwad, ALDawg, TDog93, GrandSlam, RayDog, Dean, foghorn, oakachoy, Chaser357, birdcarver, CarbonClimber1, bug54, Bamarich2, MS_Hunter, jwyatt, Bustinbeards, coldtrail, odocoileus, Fishduck, BamaGuitarDude, NoHuntin, tenderloin, GHTiger10, NotsoBright, Cuz-Pat, HURRICANE, 10 invisible),
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Key:
Admin,
Global Mod,
Mod
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Joined: Sep 2007
Posts: 847
6 point
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6 point
Joined: Sep 2007
Posts: 847 |
What I learned from this....
1. Stay the eff out of Lowndes co unless you're in the good ol boys'club.
2. Hire a good lawyer from the beginning.
3. Trust nobody.
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Joined: Aug 2001
Posts: 72,413 Likes: 13
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,413 Likes: 13 |
You should, and you should make it up to these boys.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Aug 2001
Posts: 72,413 Likes: 13
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,413 Likes: 13 |
I was asked to comment and give my perspective. I've done so and I will not make another comment on the matter. You were found in the wrong, and you should make it up. Just like you found them in the wrong and by using the force of law demanded that they make it up. What is good for the Goose...
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Jan 2011
Posts: 6,121
12 point
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12 point
Joined: Jan 2011
Posts: 6,121 |
Now that the matter is final, I am at liberty to comment. I was precluded by the cannon of judicial ethics from commenting until the matter was concluded. As most of you know I am the district judge in Lowndes County. I heard this matter at the district court level and found all three defendants guilty of hunting at night, shooting from a public road and hunting by aid of a motor vehicle. At the trial, the state presented testimony from the retired game warden and the sheriffs deputies that responded to the call. Counsel for the defendants cross examined the witnesses for the state and attacked the former wardens ability to issue the warrants. He testified that he did not sign the warrants in his capacity as an officer but as someone who witnessed a misdemeanor committed in his presence, which is legally correct. After the conclusion of the states case in chief, the defendants had an opportunity to present their case, but instead of presenting any testimony they rested. The defendants did not testify or present any evidence in their defense. The state made a prima facie claim meeting all the elements of each of the charges proving their case beyond a reasonable doubt so I found all three defendants guilty of all three charges and assessed the statutorily prescribed fines. The case was appealed to circuit court where the defendants waived their right to a jury trail and tried the case as a bench trial before the circuit judge. She convicted them as well. The case was the appealed to the Alabama Court of Criminal Appeals which affirmed the convictions. The Supreme Court has now reversed the convictions and rendered the matter meaning that it is final.
I will say that there is still no doubt in my mind that one of the boys fired a rifle from that truck. Had the one who fired the shot accepted responsibility, I would have dismissed all charges against the other two defendants and allowed him to plead to shooting from a public road and dismissed the other two charges. He would have had a $1000 fine and costs to pay and that would have been the end of it. Based on what I've read in this thread ... I think you are so deep into Good Ole Boy Justice you can't even tell right from wrong. This chit is why small town, rural county areas never make any progress. You need to reevaluate yourself. If you can't see that this is Small Town Justice at its finest you might ought to apply for a job in Harpersville, AL. They always need a good hand.
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Joined: Dec 2004
Posts: 3,996
10 point
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10 point
Joined: Dec 2004
Posts: 3,996 |
Awesome news!
Skinny and sweet-t are spot on.
You know good and well you convicted those boys because Rusty wanted you to.
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
I was asked to comment and give my perspective. I've done so and I will not make another comment on the matter. And guvment wonders why nobody trust their sorry asses..... Cuz when the cops(GW's) do wrong....the crooked lawyers and judges bail their crooked asses out.....
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Joined: Jan 2004
Posts: 31,681
Freak of Nature
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Freak of Nature
Joined: Jan 2004
Posts: 31,681 |
Those boys were screwed by a retired idiot. I hope they sue him and take everything he owns ! He should stop trying to be a super cop and take the time to admit he was wrong and try to repay their legal fees. He caused them let him suffer !
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Joined: Oct 2012
Posts: 2,220
8 point
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8 point
Joined: Oct 2012
Posts: 2,220 |
Seems like many mistakes were made along the way. Probably mistakes that were first made at the election booth.
Augustus...you should admit now, like a good man, that you made a mistake and find an honest way to make it up to these boys. Considering that you put them through several years of difficulty...you got a lot of making up to do. Obviously from his comments he is not a good and honest man and more than likely is more in line with a piece of chit. His line of thinking is that he thinks one of them shot so he found all of them guilty expecting one of them to rat the other out. A real plucked up justice system we have with asshats like this running the courts.
Last edited by josht101; 10/30/15 04:31 PM.
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Joined: Mar 2015
Posts: 5,347 Likes: 3
12 point
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12 point
Joined: Mar 2015
Posts: 5,347 Likes: 3 |
What I learned from this....
1. Stay the eff out of Lowndes co unless you're in the good ol boys'club.
2. Hire a good lawyer from the beginning.
3. Trust nobody. Yep. You're not kidding. 
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Joined: Nov 2010
Posts: 10,734
Booner
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Booner
Joined: Nov 2010
Posts: 10,734 |
Judge I sincerely hope you didn't render your verdict based on some good Ol boy system. I'll say this, if a private citizen can just accuse a person of something they think they saw without any proof and get a judge to sign off on a warrant something is wrong with the lowndes county justice system. You said you believe one of those boys shot that rifle.....but there was NO proof??? What does it matter what you believe, if the evidence doesn't support it?
The Spirit of God has made me; the breath of the Almighty gives me life.
Job 33:4
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Joined: Jan 2005
Posts: 24,507
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 24,507 |
Who would you file a formal complaint with if you felt the court acted inappropriately? If I were the defendants I don't think I'd rest until I showed those good ol boys what practicing crooked politics gets them.
" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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Joined: May 2007
Posts: 5,215
12 point
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12 point
Joined: May 2007
Posts: 5,215 |
I haven't read the opinion yet. It was released this afternoon and I was at a bull sale on a friends farm. From what I understand it was reversed on the sufficiency of the evidence in a 5-4 opinion with four justices dissenting. So YOUR decision was reversed at the highest level in this state. Due supposedly to a LACK of evidence. By what I've read NO ONE SAW any of the three boys shoot, and by your own admission when the "guilty" party wouldn't accept responsibility (doesn't he have fifth amendment rights against self incrimination, even if you FELT he was guilty?) you CONVICTED all three of three charges? You said if one had taken the fall, he would have only been charged with one count of shooting from the road. Obviously that's what you think he was guilty of. What gave you the right to charge all three boys with more charges than what you think they were guilty of? The boys were obviously set up. Did they get a lease on a property you or one of your friends wanted? How did they otherwise get in your crosshairs? I suspect the district court and state court felt there was more to your decision than was apparently the case. They were convicted on no more than your friendship with the retired warden and your overconfidence in his testimony. You should take a much more conciliatory tone IMHO toward this. Apparently you feel yourself above reproach and your decisions above reversal. That is apparently not the case. Thank God I don't live or frequent Lowndes County. I guess the reputation it has for shady court decisions is not solely based on large liability lawsuits against manufacturers after all.
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
Judge I sincerely hope you didn't render your verdict based on some good Ol boy system. I'll say this, if a private citizen can just accuse a person of something they think they saw without any proof and get a judge to sign off on a warrant something is wrong with the lowndes county justice system. You said you believe one of those boys shot that rifle.....but there was NO proof??? What does it matter what you believe, if the evidence doesn't support it? It's the democratic process....."We do whatever the hell we want"..... Obama set the standard......
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Joined: Nov 2009
Posts: 10,979
Booner
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Booner
Joined: Nov 2009
Posts: 10,979 |
Judge I sincerely hope you didn't render your verdict based on some good Ol boy system. I'll say this, if a private citizen can just accuse a person of something they think they saw without any proof and get a judge to sign off on a warrant something is wrong with the lowndes county justice system. You said you believe one of those boys shot that rifle.....but there was NO proof??? What does it matter what you believe, if the evidence doesn't support it? i agree
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Joined: Aug 2001
Posts: 72,413 Likes: 13
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 72,413 Likes: 13 |
I will see if I can post the opinion tonight. I have it. It is 30 pages long. Hell, most death penalty opinions are not that long. Pretty simple observation.
"Never Trust Government" -- Smart people.
"The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me
"You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
Why did the Supreme Court reverse the convictions? Because the other courts couldn't get their heads out of their asses to see the light.......
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Joined: Mar 2013
Posts: 14,948
Booner
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Booner
Joined: Mar 2013
Posts: 14,948 |
Damn we actually agree on something with a mod for once.
Would walk over a naked woman to get to a gobblin turkey!
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Joined: Jan 2012
Posts: 10,249
Booner
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Booner
Joined: Jan 2012
Posts: 10,249 |
I've always wondered where the retired game warden was at when he Heard the shots? Not seen but Heard.
"The Heavens declare the glory of God;and the firmament sheweth his handiwork" Pslam 19:1
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Joined: Dec 2004
Posts: 3,996
10 point
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10 point
Joined: Dec 2004
Posts: 3,996 |
And another thing, you wanted one of them to confess to something they didn't do to get a lesser penalty. That is bs. Courts are screwed up.
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Joined: Mar 2015
Posts: 5,347 Likes: 3
12 point
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12 point
Joined: Mar 2015
Posts: 5,347 Likes: 3 |
Those boys were screwed by a retired idiot. I hope they sue him and take everything he owns ! He should stop trying to be a super cop and take the time to admit he was wrong and try to repay their legal fees. He caused them let him suffer ! No kidding perch. I've never heard of anything as ridiculous as this. No probable cause or right to detain anyone. Civil rights violations and impersonating an LEO. Do judges in rural Alabama even have to graduate law school and pass the bar? 
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