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Anti-abortion pastor's convictions overturned
San Francisco Chronicle ^ | 8/26/10 | Bob Egelko, Chronicle Staff Writer

Posted on 08/26/2010 9:35:36 PM PDT by SmithL

OAKLAND -- An Alameda County court panel has overturned an anti-abortion pastor's convictions for illegally approaching patients outside an Oakland clinic, saying a judge's flawed instructions could have allowed jurors to find him guilty for conduct that was legal.

Walter Hoye of Union City, a pastor at a Berkeley church, was the first person convicted under a 2008 Oakland ordinance that created an 8-foot "bubble" around patients entering reproductive health clinics. The law prohibited knowingly entering that zone to harass a client or offer counseling without the person's consent.

A Superior Court judge sentenced Hoye to 30 days in jail in March 2009 after he refused a probation condition that would have required him to stay 100 yards from the Family Planning Specialists Medical Group at Second and Webster streets.

Hoye served his jail term while appealing his two misdemeanor convictions. He has also challenged the ordinance in federal court, where a judge upheld it in August 2009.

In a ruling Wednesday, a three-judge Superior Court panel said trial Judge Stuart Hing had failed to tell jurors what they had to conclude before convicting Hoye.

When jurors asked Hing during deliberations to define the "approach" that the ordinance prohibited, the judge told them to use the everyday meaning of the word.

But the panel said the U.S. Supreme Court ruled in a similar case from Colorado in 2000 that an abortion protester who stands still, and speaks or hands leaflets to patients who walk by, cannot be convicted of knowingly approaching the patient.

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


TOPICS: Extended News; Government; Politics/Elections; US: California
KEYWORDS: abortion; alameda; courts; freespeech; law; prolife; walterhoye

1 posted on 08/26/2010 9:35:40 PM PDT by SmithL
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To: SmithL

Freedom of speech...


2 posted on 08/26/2010 9:37:15 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: SmithL

Mr. Hoye is a very courageous man. His trust in the Lord gave him strength through this bogus trial.


3 posted on 08/26/2010 9:56:25 PM PDT by Falconspeed ("Keep your fears to yourself, but share your courage with others." Robert Louis Stevenson (1850-94))
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To: SmithL

This man is a rare hero. God bless him.


4 posted on 08/26/2010 10:01:32 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: SmithL

The term abortion of course is just a trite euphemism because pressing the cancel button on a computer program is an abortion but ending the life of a developing human is not just a simple “abortion” but a killing.


5 posted on 08/26/2010 10:10:56 PM PDT by Republic_of_Secession.
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To: SmithL

Justice for a real humanitarian.


6 posted on 08/26/2010 10:13:52 PM PDT by Huskrrrr
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To: SmithL

Thank you, Lord.

God bless you, pastor.


7 posted on 08/26/2010 10:23:12 PM PDT by This Just In
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Walter Hoye, a true civil rights activist.


8 posted on 08/26/2010 10:25:27 PM PDT by CounterCounterCulture
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To: Republic_of_Secession.
The term abortion of course is just a trite euphemism because pressing the cancel button on a computer program is an abortion but ending the life of a developing human is not just a simple “abortion” but a killing murder.

There... fixed it.

9 posted on 08/26/2010 11:23:36 PM PDT by Tolkien (Grace is the Essence of the Gospel; Gratitude is the Essence of Ethics.)
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To: SmithL

Can he sue the city for malicious prosecution, false prosecution, or any similar action? He was forced to go thru a trial which is far from cheap with lawyers and costs. He spent 30 days of his life in jail. He should receive some compensation for having been put thru that.


10 posted on 08/26/2010 11:31:01 PM PDT by EDINVA
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To: SmithL

God bless the heroic Walter Hoye! He and his wonderful wife Lori keynoted our prolife conference last summer. They are true Christian patriots. Their quiet determination has found favor with God.


11 posted on 08/27/2010 12:38:13 AM PDT by jobim
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To: SmithL

God bless him!


12 posted on 08/30/2010 11:50:50 AM PDT by GonzoII ("That they may be one...Father")
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To: wagglebee; little jeremiah

Ping.


13 posted on 08/30/2010 11:51:58 AM PDT by GonzoII ("That they may be one...Father")
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