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Washington machine gun dispute delayed(WA)
bendbulletin.com ^ | 5 June, 2012 | Josh Farley

Posted on 06/06/2012 12:00:05 PM PDT by marktwain

PORT ORCHARD, Wash. — County prosecutors’ criminal case against the Kitsap Rifle and Revolver Club’s executive officer inched closer to going before a jury ... and then was delayed until October.

At a Monday hearing before Kitsap County Superior Court Judge Anna Laurie, prosecutors were successful in curbing Marcus Carter from being able to mention the county’s lawsuit with the gun club, and from making certain arguments using the Second Amendment and other rhetoric that might steer a jury away from following Washington law.

Carter, for his part, pushed back against the case itself, and while his attempts to dismiss it were thrown out, Laurie delayed the trial so he could file several more motions aimed at doing so.

Carter has faced charges off and on since 1999, when two off-duty Pierce County Prosecutor’s Office investigators taking a gun class from him said he’d modified a rifle to fire automatically, which is illegal under state law.

The case against Carter has been dismissed three times since he was charged, only to be appealed by prosecutors and brought back by an appellate court’s ruling.

Carter has continued to act as his own attorney in the case, though he is not a lawyer.

King County prosecutors had briefly handled the case in 2010, as Kitsap prosecutors felt the criminal charge had become conflated with the county’s lawsuit against the Kitsap Rifle and Revolver Club. But Kitsap County Deputy Prosecutor Kevin “Andy” Anderson has resumed handling since the civil case’s conclusion in Pierce County Superior Court (though the club has appealed the judge’s ruling).

(Excerpt) Read more at bendbulletin.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Washington
KEYWORDS: banglist; constitution; kitsap; wa
I think state legislatures should pass legislation requiring courts to always allow a minimum time for lawyers to make constitutional arguments to jurors. two hours for each side should be plenty. It would include enough time to include a breifing on jury nullification.
1 posted on 06/06/2012 12:00:09 PM PDT by marktwain
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To: marktwain

A little more information would help. Surely this guy wasn’t stupid enough to show an illegal gun to a couple of cops.


2 posted on 06/06/2012 12:05:54 PM PDT by ozzymandus
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To: ozzymandus

Well, he’s acting as his own lawyer...


3 posted on 06/06/2012 12:14:41 PM PDT by The KG9 Kid (Semper Fi)
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To: marktwain

“At a Monday hearing before Kitsap County Superior Court Judge Anna Laurie, prosecutors were successful in curbing Marcus Carter from being able to mention the county’s lawsuit with the gun club, and from making certain arguments using the Second Amendment and other rhetoric that might steer a jury away from following Washington law. “

Whoa... So, the defendant is not allowed to bring up the Constitution and Civil Rights?????? Um... That is messed up on all levels. What evidence is the defendant allowed to keep the prosecution from bringing forward to make things fair??? Or is this a liberal judge not interested in the law but only trying to make a political point?

I’m sorry but our judicial system is fast losing all credibility.


4 posted on 06/06/2012 12:35:08 PM PDT by BCR #226 (02/07 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: ozzymandus

No, it was a sting that backfired.

As this story (briefly) relates, “The case against Carter has been dismissed three times since he was charged, only to be appealed by prosecutors and brought back by an appellate court’s ruling.”

The PA has it in for this guy and there is no one who can convince him to cease his personal vendetta. He is now taking out his aggressions against the gun club itself with wave after wave of technical violations.


5 posted on 06/06/2012 12:43:35 PM PDT by rockrr (Everything is different now...)
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To: marktwain

At a Monday hearing before Kitsap County Superior Court Judge Anna Laurie, prosecutors were successful in curbing Marcus Carter from being able to mention the county’s lawsuit with the gun club, and from making certain arguments using the Second Amendment and other rhetoric that might steer a jury away from following Washington law.


Both the law AND the facts of a case should always be on trial; else, it is not a fair trial.

“Raise your right hand...do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?”

“No!”

“No? NO!?! I’ll remind you this is a court of law, and if you do not, I’ll be forced to hold you in contempt!”

“Your Honor, I mean no disrespect to the Court, but I refuse to swear that oath, when I’ll be forced to be forsworn by the Court.”

“Forsworn? Explain immediately, and it had better be good, or you’re headed for jail.”

“I can only swear to tell the truth, as much of the truth as the court, prosecutors, and defense attorneys will allow, and nothing but the truth, in so far as lies by omission due to being required to inappropriately answer ‘yes or no’ to a ‘maybe’ question; and similar lawyery tactics, will allow”.


6 posted on 06/06/2012 1:32:11 PM PDT by ApplegateRanch (Love me, love my guns!©)
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