MTN Jack ARRESTED for OC near Obama rally site!

[alowe56]

Originally Posted by headcase

Anyone who wants John to be convicted as a stepping stone to a more solid caselaw example is a jerkoff. Can we keep this on topic now, or are your bladders still full of piss for the contest?

The way I see it, case law is made at all levels of the court system. As I recall, all the charges are misdemeanor charges, so even a not guilty verdict at this level creates case law. (Which it now has with the NOT GUILTY verdict.)

So, to anyone calling for a conviction so it will go higher, I suggest you put yourself in that position and go through all the trials if that's what you really want.

To MTN Jack, I say CONGRATULATIONS!!!! I am SO happy you were found not guilty.

[granuale]

Originally Posted by alowe56

The way I see it, case law is made at all levels of the court system. As I recall, all the charges are misdemeanor charges, so even a not guilty verdict at this level creates case law. (Which it now has with the NOT GUILTY verdict.)

So, to anyone calling for a conviction so it will go higher, I suggest you put yourself in that position and go through all the trials if that's what you really want..

Well, the law just doesn't work the way you see it. Case law IS NOT made at all levels of the court system. Case law as differentiated from statutory or regulatory law is judge made law. Judges rule on cases at the appellate level and issue opinions which are then binding on the lower courts. In Pennsylvania this would generally be at the Superior Court, or beyond at the Supreme Court of Pennsylvania.

To use MTN Jack's case as an example, because he was a acquitted by a jury, and the case was not ruled on by an appellate court, no precedent was set, and so by definition no case law was made. If however Jack was convicted at trial and then that conviction was appealed, the decision from the appellate court could have made case law.

alowe56, this is not an opinion question. Case law or precedent is a real actual thing that binds people every day. It cannot be made by juries sitting in the Court of Common Pleas. This case has in no way shape or form become precedent or case law. Have you ever seen on T.V. when a lawyer is sitting in front of rows and rows of books that look like a large set of encyclopedias? They are not encyclopedias. They are books containing court rulings that were ruled on by appellate courts with published opinions that are (or were when published) case law or precedent. The reason (before digitization) that lawyers needed such books was so they could look up the cases to find out exactly what the law was.

[mikey]

Originally Posted by granuale

Well, the law just doesn't work the way you see it. Case law IS NOT made at all levels of the court system. Case law as differentiated from statutory or regulatory law is judge made law. Judges rule on cases at the appellate level and issue opinions which are then binding on the lower courts. In Pennsylvania this would generally be at the Superior Court, or beyond at the Supreme Court of Pennsylvania.

To use MTN Jack's case as an example, because he was a acquitted by a jury, and the case was not ruled on by an appellate court, no precedent was set, and so by definition no case law was made. If however Jack was convicted at trial and then that conviction was appealed, the decision from the appellate court could have made case law.

alowe56, this is not an opinion question. Case law or precedent is a real actual thing that binds people every day. It cannot be made by juries sitting in the Court of Common Pleas. This case has in no way shape or form become precedent or case law. Have you ever seen on T.V. when a lawyer is sitting in front of rows and rows of books that look like a large set of encyclopedias? They are not encyclopedias. They are books containing court rulings that were ruled on by appellate courts with published opinions that are (or were when published) case law or precedent. The reason (before digitization) that lawyers needed such books was so they could look up the cases to find out exactly what the law was.

Looks like I learned something today, without even trying.

You talk like a lawyer....are you?

[granuale]

Originally Posted by mikey

You talk like a lawyer....are you?

Yes. stupid 10 character post requirement

[alowe56]

Originally Posted by granuale

alowe56, this is not an opinion question. Case law or precedent is a real actual thing that binds people every day. It cannot be made by juries sitting in the Court of Common Pleas. This case has in no way shape or form become precedent or case law. Have you ever seen on T.V. when a lawyer is sitting in front of rows and rows of books that look like a large set of encyclopedias? They are not encyclopedias. They are books containing court rulings that were ruled on by appellate courts with published opinions that are (or were when published) case law or precedent. The reason (before digitization) that lawyers needed such books was so they could look up the cases to find out exactly what the law was.

No, I don't watch court on TV. It's too depressing. As a matter of fact, I find our whole legal system depressing.

[rjg]

A little late but CONGRATS!!!

[ksig1869]

I'm very late but congratulations. I'm glad the justice system worked in your case.

[MrsMtnJack]

sorry for the bump..
but this post is for you.
the picture.
it wasnt going to be released, but a picture of the picture ended up in the paper, it was submitted into evidence to bear witness that I spoke true. That the evidence submitted in the prelim was not true in my opinion or in the picture.
There were not crowds of people. There were 40-60 people with their backs turned.
The picture. reporters wanted it. i have worried over how to get it to you as it belongs to you, finally i just decided to post it.
because of you all and God we were able to stand.
because of you and God we were not alone!

THANK YOU!

FROM JAN:

When we set out on our journey we were not alone.
We went together and with God.
We went forth as Pennsylvanians and Americans.
Along the way we were questioned...and..
you all rallied,
you all answered the call,
you all stood brave tall and true,
you all sacrificed your time, talents, money, life,
you all drove to the hearing and the trial, you testified,
you all invited us to dinners
you all educated the masses,
you checked on our well being, offered wishes, prayers and encouragement,
you were the jury,
you all rock.
Thank you, purely from the depths of our hearts!
you showed what it is to be A Pennsylvanian, An American.

The picture I took of Jacks arrest is titled
"You do not walk alone"



________________________________________

FROM JACK:

A bed time story for you all, I would like to finish my OC log story that began in sept of last year. Remember the story of the fast car with interesting people? Well the story has a happy ending and you all may know the out come.

Judged by 12 and carried the whole way by the most amazing group of friends a person could ever hope to have. The members of the PAFOA.
It is a ride that was long, with many hills and valleys, not to mention a turn or two. Jan and i are so greatfull that you all went on this ride with us, we could not have had better travel compaions.You endured all of the hardships along with us, and not a small task it was.

The members of PAFOA have much to be proud of and all of the credit goes to you, as we would not have had the strength to carry this out ourselves. Many of you worked tirelessly on our trip with hardly a rest stop on the journey. Oh well maybe a little stop for dinner here and there. A short stop in Harrisburgh for a refresher and new ideas. A stop to visit our friends at the FOAC ,and numerous stops for directions of legal advice. We picked up our friends at OCDO and also let the VCDL people ride along. Across the country we picked up many hitchhikers and they wanted to stay on the ride. For this we are forever greatfull.

Our fuel tank never emptyed and our tires never flatened because of you all. Quite simply we had an easy pass. The journey was long and will never be forgoten. I am tired from the trip as i am sure you all are, but its one i would do all over again. Thanks so much for the ride, with the beautifull veiw, and the interesting people we met along the way. We love you all for the directions we got, its a smooth road ahead because of you all, and the best part of all is not a ticket at all. Love you all Mtn Jack

[MrsMtnJack]

P.S. no re-bumps needed!