On Wed, Oct 17, 2001 at 08:58:24PM -0400, Russ Herrold wrote:
> On Wed, 17 Oct 2001, Paul M Foster wrote:
>
> > > > --U.S. v Emerson, 5th Circuit Federal Court
> > > > published October 16, 2001
> > >
> > > The Fifth (federal) Circuit seems to have issued an Opinion
> > > yesterday. I am looking for full text; this extract was forwarded
> > > into a local RTKBA list without further citation.
> > >
> >
> > Yesssssss!
>
> ... well, not exactly ... I located the full opinion (runs
> about 40 singlespaced pages), and it is 2:1 split -- Emerson
> LOSES and the trial court's prior dismissal on 2d Amdt grounds
> is overturned. Commerce clause arguments are treated as
> abandoned/not proven on Emerson's part; Emerson seems to have
> waived/lost part of his factual defence by appearing pro se at
> the TRO hearing and not contesting a witness' statement under
> oath that he had threatened to kill a third party.
>
I'm unconcerned about the effect on Emerson himself. As I read it, he
botched his side in several ways. Some of his arguments were a real
stretch, and he appears to be asleep at the wheel in the original
trial/hearing. And Texas apparently has a some very stupid laws
accompanying divorce cases.
Now, I didn't read every word of the decision, but most of it (none of
the 100 screens worth of citations at the end). From what I read, it
seemed very pro-RKBA and well researched.
Paul
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