Ant, I think the ruffled feathers over the state's definition of hunting at night was the smaller issue in this instance. I think what caused the most heartburn was that the state didn't seem to meet the burden of proof. Hearing a noise but not being sure where it came from hardly constitutes "beyond a reasonable doubt". The fact that a guilty verdict was handed down and then upheld all the way to the Supreme Court is downright sickening. It's supposed to be innocent until proven guilty and that did not seem to be the case here. There was no proof, only suspicion. It's a painful reminder that those who often cannot pay to defend themselves properly can easily get railroaded. Maybe it doesn't cause you heartburn because you can't envision yourself ever being in that boat. A lot of us live in that boat.
But under Rogers v Sfate the only thing the State had to prove was 1. You were in an area where deer were 2. You had some light 3. You had a gun. I personally think the law was bullshit but given ALL the facts this is nof a story of some out of control Judge. And how many members on here could identify a rifle shot 140 yards away???? I can. And by the way I can envision I assure you. I make a living on heartburn. No silver spoon here'.
So Ant, even though we all agree the law was BS and thank goodness there is new precedent now - do you really think that I should just be able to go and sign out a warrant on you b/c I say that you were driving to your hunting camp at night and you had a gun with you? And then the courts back that up completely until it gets overturned by the supreme court? If you don't see the small town good ol' boy court system in the works with this case, then you are completely blind.
And I guess I'm night hunting every time I go up to the hunting camp, b/c I can guarantee there are deer there, it will be night, my truck has headlights and I will have a gun with me.
Re: Anybody have a similar experience ??
[Re: JWC]
#1507510 11/04/1505:29 AM11/04/1505:29 AM
it sure is unsual for a trial lawyer with 23 years experience, to be in favor of a judge to use such a broad reaching case law, to find these boys guilty in favor of his good friend rusty. I've never been a lawyer, and I know without a shadow of a doubt their's crooked judges. Whether or not what he did was within his rights, what he did was wrong.
"A moment of realization is worth a thousand prayers"
Re: Anybody have a similar experience ??
[Re: JWC]
#1507518 11/04/1505:36 AM11/04/1505:36 AM
Dear Mr. Ant, I am appalled by this not that the kids were arrested as there may have been probable cause (slim, but possible), I am appalled because these kids were found guilty TWICE, when there was absolutely and unquestionably reasonable doubt. Now if you've been around Aldeer long enough, you know that I am one of the biggest supporters of our Criminal Justice system as I lived in it for most of my life, but it failed miserably in this case and there is no way around it. While I support the system, I try very hard not to be a hypocrite. When someone screws up and gets caught, they just have to live with the consequences. In this case all the consequences the judges will more than likely have to live with is the public shaming from here and 49ers Facebook page. Please help support this family and all they went through from a system failure, not pile on to the wrongdoings they suffered. Please note that I am not saying they are innocent, as I wasn't there, but I am saying there was absolutely no way to not find reasonable doubt, therefore, there is no way The State met its burden of proof. That is clear to anyone that reads the transcripts.
Lord, please help us get our nation straightened out.
Re: Anybody have a similar experience ??
[Re: JWC]
#1507542 11/04/1505:54 AM11/04/1505:54 AM
Dear Mr. Ant, I am appalled by this not that the kids were arrested as there may have been probable cause (slim, but possible), I am appalled because these kids were found guilty TWICE, when there was absolutely and unquestionably reasonable doubt. Now if you've been around Aldeer long enough, you know that I am one of the biggest supporters of our Criminal Justice system as I lived in it for most of my life, but it failed miserably in this case and there is no way around it. While I support the system, I try very hard not to be a hypocrite. When someone screws up and gets caught, they just have to live with the consequences. In this case all the consequences the judges will more than likely have to live with is the public shaming from here and 49ers Facebook page. Please help support this family and all they went through from a system failure, not pile on to the wrongdoings they suffered. Please note that I am not saying they are innocent, as I wasn't there, but I am saying there was absolutely no way to not find reasonable doubt, therefore, there is no way The State met its burden of proof. That is clear to anyone that reads the transcripts.
I love the rut. The woods are like a bunch of roided up meatheads fighting over a girl.
Re: Anybody have a similar experience ??
[Re: JWC]
#1507574 11/04/1506:25 AM11/04/1506:25 AM
For those of you asking about the Magistrate and how the warrants got signed... here ya go! We have asked our selves this very same question over the years.
The link below is to the Incident Accident Report completed by the Lowndes County Sheriff along with a copy of the deposition Mr. Morrow competed to get the Warrants.
I would like to point out a few thing....
On the Incident Accident report the Sheriffs identify Mr. Morrow as employed by the State of Alabama as a Game Warden. (He had retired in 2008) also they identified him as a Law Enforcement Officer. In their description they state that Mr. Morrow observed Walker Cox shooting an unknown type weapon..(is hearing it observing). Mr. Morrow testified that he did not see it only heard a noise and in court could not tell you who allegedly shot or which side of the vehicle the alleged shot came from.
While I know the deputies completed this form and it is probably not against the law, in my opinion, it does go to show you their mentality towards Mr. Morrow.
On the deposition Mr. Morrow completed... he clearly writes that he observed and heard a high powered round explode. Yet in court he only hears????
I know the copies are bad and hard to read but this is what I received from Lowndes County when I requested a copy of their case file.
Well, I will give ya'll a fact: This JWC person is cool, calm, thorough, smart, and does NOT quit!! This JWC is the underdog but has taken the home team to OT. Good play calling and who knows what JWC will come up with. I'm very impressed (as if anyone cares) and everyone loves the underdog.
Re: Anybody have a similar experience ??
[Re: centralala]
#1507639 11/04/1507:18 AM11/04/1507:18 AM
Well, I will give ya'll a fact: This JWC person is cool, calm, thorough, smart, and does NOT quit!! This JWC is the underdog but has taken the home team to OT. Good play calling and who knows what JWC will come up with. I'm very impressed (as if anyone cares) and everyone loves the underdog.
I know exactly who JWC is...she's somebody's bulldog Momma that ain't gonna let her youngin be railroaded....by NOBODY!! A lot of us have Momma's like her...thank you Lord!
A servant of God and of the Lord Jesus Christ.
USAF Veteran
Re: Anybody have a similar experience ??
[Re: bill]
#1507647 11/04/1507:28 AM11/04/1507:28 AM
Case law shouldn't override common sense. The judge was at liberty to exercise the latter but he chose small town politics over doing the right thing.
Speaking of common sense.... one has to wonder what the alleged AR15 shot from the cab of a pick up truck would do to ones hearing?? Seems like to me that you wouldn't be able to hear for quite a while... not a gun expert but have been around guns.
Just an observation.. would love to know from some of you out there your thoughts on this.
Re: Anybody have a similar experience ??
[Re: JWC]
#1507661 11/04/1507:45 AM11/04/1507:45 AM
Case law shouldn't override common sense. The judge was at liberty to exercise the latter but he chose small town politics over doing the right thing.
Speaking of common sense.... one has to wonder what the alleged AR15 shot from the cab of a pick up truck would do to ones hearing?? Seems like to me that you wouldn't be able to hear for quite a while... not a gun expert but have been around guns.
Just an observation.. would love to know from some of you out there your thoughts on this.
everybody knows you cant kill deer with a 223, the only thing an ar15 is good for is killing people, thats why its an assualt rifle, not a sporting rifle
"A moment of realization is worth a thousand prayers"
Case law shouldn't override common sense. The judge was at liberty to exercise the latter but he chose small town politics over doing the right thing.
Speaking of common sense.... one has to wonder what the alleged AR15 shot from the cab of a pick up truck would do to ones hearing?? Seems like to me that you wouldn't be able to hear for quite a while... not a gun expert but have been around guns.
Just an observation.. would love to know from some of you out there your thoughts on this.
everybody knows you cant kill deer with a 223, the only thing an ar15 is good for is killing people, thats why its an assualt rifle, not a sporting rifle
And they're good for killing pitbulls. How could you forget that!
Case law shouldn't override common sense. The judge was at liberty to exercise the latter but he chose small town politics over doing the right thing.
Speaking of common sense.... one has to wonder what the alleged AR15 shot from the cab of a pick up truck would do to ones hearing?? Seems like to me that you wouldn't be able to hear for quite a while... not a gun expert but have been around guns.
Just an observation.. would love to know from some of you out there your thoughts on this.
everybody knows you cant kill deer with a 223, the only thing an ar15 is good for is killing people, thats why its an assualt rifle, not a sporting rifle
And they're good for killing pitbulls. How could you forget that!
The kids in the car and the criminal justice system....IMO
Originally Posted by Patricia Heaton
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.
Re: Anybody have a similar experience ??
[Re: BhamFred]
#1507756 11/04/1509:19 AM11/04/1509:19 AM
Join his Facebook group if you miss him. I guess I did before I knew it was him because I get all his musings now on Facebook. He has highlighted the changes in hunting laws and regs though and that has been helpful.
Lord, please help us get our nation straightened out.