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Showing content with the highest reputation on 07/06/2014 in Posts
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I think his practices and his system are maybe not unethical but they are shady. He goes around the country to other states, places where he is not licensed to practice law, is not associating with local counsel, and I'm betting has never set foot in a courtroom, and teaching the law of that state. He says it right there on his site: he'll be using cases, jury instructions and statutes from that particular state. That is, in the words of Sonny Crockett, major uncool. I go to nationwide CLEs with lawyers from Texas, California, you name it, teaching all kinds of subjects, but these are just general strategies, not state-specific practices. If you want to learn Tennessee self defense law you better get it from somebody other than the guy spending a couple nights at the Days Inn down the street. Also I'm not too impressed with his ability to analyze cases. He apparently thinks the case he started this thread about is a big deal in self defense law. It is not. It is hardly about self defense. It is an extremely common post conviction appeal on the Strickland v. Washington elements of ineffective assistance of counsel. Thousands of these are heard each year in Tennessee (and other states I'm sure). It is an unreported decision with little precedential value. His main argument is that the trial lawyer did a bad job by not knowing the law central to their defense. When I pointed out that the defendant was facing about 150 years and received a whopping 22, I got...no response. Yes that little fact was just ignored. I'm guessing that he's got such an erection for this case because it came out last year and so he can spin it on his unwitting customers as a new (maybe even groundbreaking!) and "important" legal decision on what a lawyer should and shouldn't do in a use of deadly force trial.5 points
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You're not married are you? :rofl: I ask this for 2 reasons, 1 is that once married, things don't always go exactly as you would wish nor do they happen within the choice timeline that you would choose if your own wants and desires were the only ones to take into consideration.2 is that, and I know everyone has heard this before, weeks go by incredibly fast once you've hit that milestone. I'm sure others will agree but months go by like weeks, it literally seems like Christmas was just 4-5 weeks back.5 points
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Not to derail the subject but what is the deal with these people that think their gun is worth more in trade than in cash. For example they will say "Glock 17 $450 cash or $550 in trade." Could be possible that I'm missing something here, just doesn't make sense to me. I figure if my gun is worth $450 then I should be able to trade you even for your $450 gun, not your gun plus $100.4 points
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My wife has been up until a few minutes ago (3AM) when our dog started tapping on the door. Thank God and I hope every one else's dog comes back too.4 points
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Tombstone Oops, forgot the "why". Overall great actors, but Val Kilmer killed it as Doc! I don't think they could have picked anyone better then or now to play that part like he did.3 points
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[URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140508_070914_zps33rctfql.jpg.html][/URL] [URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140512_161111_667_zpstzejpg5n.jpg.html][/URL] [URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140512_161141_524_zps4xgdxncd.jpg.html][/URL] [URL=http://s4.photobucket.com/user/robtattoo/media/Mobile%20Uploads/IMG_20140512_162349_zpslczc0kqn.jpg.html][/URL] Yep, all set! Built myself a new bow for this year, plus some matching arrows. Can't wait for it to cool off a little :D3 points
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The Princess Bride. I love a good fairy tale, and it was funny as all get out. I don't think a day goes by that I don't find at least one line out of that movie to quote in a relevant situation.2 points
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Off the top of my head some of the top ones are Shooter, Act of Valor, Lone Survivor, and Lord of War.2 points
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Perhaps that, but basically establishing destructive/invasive/detrimental populations in places where they wouldn't have flourished on their own. Russian pig always comes to mind first, but can be anything. Ultimately effort to not keep repeating kudzu, Guam tree snake, zebra mussels, silver carp, whatever... - OS2 points
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I delieverd for the Papa John's in Lebanon years ago. There was no policy forbiding customers carrying on the store at that time, drivers were forbidden to carry though. I did anyway, figured losing my pizza delivery job and keeping my life was an okay tradeoff.2 points
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DUI on the driver's part? After he stopped it, he should've pulled the driver out and politely woke him up with closed fisted hugs.2 points
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Lets see 1 of you was shooting a new division and another was coming back after a long break taking care of a new baby and a new job and the last one is coming down from a big high on his accomplishments at the Carolina Cup. Just what did you boys expect?2 points
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I wasn't aware that making sure to fire a rifle within a certain amount of time was a matter of personal responsibility much less a personal responsibility that takes priority over work, family, etc.. Most of the men and women on TGO LOVE to shoot and spend time at the range or field so i'm going to go out on a limb and assume that leaving the rifle marinating in the safe for 8 months wouldn't have been his move of choice if more important responsibilities hadn't gotten in the way. Another thing is that the OP has not mentioned Outpost nor CMMG giving him a problem about whether it's been 1 day, 8 months or 2yrs since he bought it so i'm thinking his frustration is stemming from being pushed off on the manufacturer on the first rifle and/or having an issue with the 2nd rifle. Who knows, he may carry it in there Monday and Outpost tell him that they'd be happy to get it taken care or for him. I can certainly imagine that there are a great number of cases of "buyers remorse" and "my wife wasn't quite as receptive to a new gun as I thought she'd be" and that sucks for the shop and the salesman that may have be paid on commission but a xx day return policy would fix anything like that from happening outside of that time frame. The difference here is that the OP wasn't trying to "return" or "trade" the first CMMG rifle that had sight issues, he just wanted it looked at and fixed and felt whomever he spoke with at Outpost should have had someone look at it rather than brushing him off and telling him that he'd have to send it to CMMG himself. He didn't trade the rifle until after attempting to have the problem remedied. I have seen what you speak of first hand though, A friend of mine had that happen from time to time when he had his FFL and there were a couple of times, after some questioning, the buyer let something slip that made it very evident that he had gone home and found it cheaper on Buds or some other online wholesaler and decided that he would return it claiming it was defective and then turn around and order the gun online to save $30 or 40 bucks. One guy was so dumb that 3 days after returning the "defective" pistol (which my buddy offered to replace with another out of the case) he came in to get FFL info faxed over to have the very same pistol transferred at my buddy's shop.. Needless to say, this guy was the kind of douche you are talking about and he was refused service. Also, the OP stated that he "took it in the butt to trade it in on a SIG" which tells me that he either indeed told the shop that he traded it to that something was wrong or he wouldn't have had to "take it in the butt" (hypothetically I HOPE), or he traded it for the Sig at Outpost which they would have known of the issue since that's the reason he brought it in. I certainly am not and will never argue that FACT that there ARE tons of rotten A'holes that will try to manipulate the system to their benefit even if it's wrong, unethical and a show or poor character but i'm inclined to argue against life being busy and not having time to make it to the range in a timely manner makes the OP one of the aforementioned "rotten A'holes"2 points
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If there was a problem from the factory 8 months later, they should still be liable for fixing it, whether it was brand new or used after 8 months they still put out a faulty product.2 points
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Glad I got rid of him when I did or we might have been getting billed for all his "free" legal advice.2 points
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At least it's confined to the bolt carrier group, and is gonna be a real easy fix.2 points
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Folks, the Hines decision is really nothing more than a run of the mill post conviction case that happens to be about a shooting that the defendant tried to make into self defense. It is not announcing any new law, and it is not a reported decision (meaning it has little precedential value). Also, while I'm not going to go as far as TMF in the other thread, I do think there is some misleading information being conveyed by the OP that needs to be cleared up. The trial lawyer in Hines did not do a bad job. His client was charged with first degree murder, felony murder (essentially first degree murder) and especially aggravated robbery. He was convicted of the lesser included offenses of second degree murder on the two murder charges, and aggravated assault on the esp. agg. rob. Guy was facing two life sentences for the murders (and I'm guessing this was a non-capital case) and an additional 15-25 on EAR. A very, very long time if convicted as charged. He got a total of 22 years. That's very good, ok? That's a great result. Furthermore, it looks like the failure to understand self defense law was the less important of two issues in this case. The bigger one was the lawyer's failure to impeach state's witnesses, and the defendant actually got further on that issue. On a post conviction petition in Tennessee you have to establish two things. One is deficient performance by your attorney, and two is prejudice resulting from that deficient performance. You can have deficient performance but no prejudice, and that's what happened here with the failure to impeach. The court said the lawyer should have impeached, but that they didn't was of little consequence to the outcome. As for not understanding the self defense law, both the trial and appeals court said it wasn't even deficient performance (the trial court maybe not as clearly) so the defendant didn't even get past the first hurdle. In other words, the appeals court didn't think it was that big of a deal. Yes, they did send out a little side note to the lawyer to please read the law before trial next time, but they didn't by any means throw him/her under the bus. In fact the court commended the attorney for being able to switch tactics like that in the middle of trial. So I disagree with OP that the trial lawyer was "pretty darn bad." I think that lawyer did an excellent job with what he/she had to work with. I think OP has latched onto a relatively minor issue and is trying to make it into the be-all-end-all of bad lawyering within the context of self defense cases. Even the best lawyers have "oh crap" moments in the middle of trial. Lawyers joke to each other that what we do is called the practice of law, meaning that we're continuously practicing it and never perfecting it. Like TMF I do question OP's intentions for coming onto TGO with all of this. Is it to sell a book? I don't know. But I do believe facts are being twisted. Finally I disagree with his first comment that finding the right lawyer is too long of a topic for a forum post. It's really quite simple and I can boil it down for everyone in a few words: get the best criminal defense lawyer in your area that you can, period.2 points
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How about we don't cooperate with these gun grabbing assholes in ANY WAY? They don't want background checks on private sales. They want gun ownership by private citizens to be totally eliminated. Their gun control schemes don't work, even in their anti-gun utopias. Piss on 'em.2 points
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I have a family or rabbits in my yard, starting to eat my garden, thinking about putting some arrows through them. I live in Rutherford county. Don't really care if it's legal or not. FTW!1 point
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Tombstone followed by Days of Thunder...not a nascar fan, but love the movie1 point
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As a life long uber cinephile, there is simply no answer to that question. - OS1 point
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I carry an XD-45 in the winter. It fits in a supper-tuck holster or in my vest pocket. 13+1 rounds of 45acp makes me fell warm and fuzzy. I also carry my Colt Government. It is surprisingly slim.1 point
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I agree. This seems like a very atypical "self defense" case (in fact not a self defense case at all) and its use seems very disingenuous and doesn't imbue much faith in the OPs motivations. Perhaps this thread should be moved to tndrugdealsgonebad.com?1 point
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I think the story of the first rifle and the story of the second rifle are being combined again as well as the addition of the OP trying to return something which he never stated trying to do. All he seems to want is a functioning rifle and until he carries his still un fired rifle to Outpost to show them the problem none of us, including the OP, will know how they'll choose to handle it. I tend to have faith that Outpost will see an un fired rifle that is missing a part and find some way to make it right rather than washing their hands of it and sending him down the road. And again, as for the first rifle, we have no idea as to the time that elapsed between purchase and him realizing that the sights were off somehow and just reading that first paragraph gives me the impression that there wasn't such a long time between purchase and test fire as there was on this second rifle.1 point
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There's an emotional aspect to renting your "home", as in a place you have raised kids, had Christmas at, etc. It's difficult to see someone else living there. We recently moved to a new home, and briefly thought about converting the old house to a rental. Neither my wife nor I could get past the idea of having to come to a repair and seeing someone else living in our home. If it is an upscale home, with lots of nice stuff in it, then it's probably not going to be a good rental. Renters will not take as good of care as you did on the house. That pool that you took loving care of will be green and full of leaves. That beautifully landscaped showpiece backyard will be overgrown with weeds. They'll run the A/C at 60 degrees. They'll lose your garage remote. You get the idea. Our rentals are very basic. They are comfortable, well maintained houses, but have no amenities outside of a dishwasher. I put a lot of blood and sweat into fixing them up, but at the end of the day, they are an investment and a way to make money. If a renter burned one down, I'd cash the insurance check and not shed a tear.1 point
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Never have but have read up on it. I'm only loading .223 and 30-06 and brass is easy to come by so I don't have a need to anneal.1 point
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I don’t know why anyone is arguing about 8 months; it shouldn’t be an issue other than I doubt the dealer will take it back. But the dealer should ship it back for you or CMMG should send you a prepaid shipping label. Like Mike said it’s probably the BCG and they will probably just put another one in. Then you can wait another 8 months to see if that fixed it. I know how it goes though I sent a Shield back to S&W. I was concerned how long it would take; it ended up only being a 16 day turnaround time, but sat here for months before I shot it again. Now I get to deal with the Remington 700 recall.1 point
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The AP rounds that the military would have access to that we do not,they most certainly would penetrate armor, they were designed for it. The FN fiveseven had 100% one shot stops when hit either center mass or headshot from the Ft. Hood shooter. The limb shots had severe tissue damage. I believe if the army wants to think about the future of warfare, adopt the 5.7 or at least somebody do some extensive field testing. Otherwise, the army cant have everything they want. They want a deadlier caliber, retain high capacity, and have it fit everyone's hands from Tinkerbell to Sasquatch. You cant have it all. Assuming that we dont violate the no JHP rule, most logical option I see is the FNX-45, it wont fit the smaller hands, but neither will any double stack 45. It holds 15+1 of .45 is an accurate DA/SA pistol with a rail, currently available threaded barrel and the slide is milled for a red dot. .357sig isnt more powerful enough to warrant an entire platform change. Army is too pussy to adopt 10mm. .40SW would be ok but you would have a 9mm sized gun with reduced capacity to hold the 40 and possibly have longterm reliability issues. What else is there caliber wise? I dont think they are gonna go back to revolvers.1 point
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Rebuttall. Did I say I expected the manufacturer to take care of it? I did not in my post. Your comment is the rude and inflammatory. Now, do I expect to have the problem resolved by the manufacturer? Yes I do, to the extent of the warranty.1 point
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There's a lot of math involved. one of the hardest things to remember is how to count to 6 not 7 or 8 just "6"1 point
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Thats a good looking deer rifle! These next 4.5 months will go by slowly for you I'm sure!1 point
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You can get a jailhouse lawyer and see a judge impersonator, who will tell you that you have absolutely no case.1 point
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We get very little oil from Iraq. In fact it was just announced the other day that America is now the #1 oil producing country on earth surpassing Saudi Arabia in production yet we are seeing our gas prices go up every day at the pumps. I think Oil needs to be removed from the Commodities Trading Market on Wall Street so big money has no control about driving the prices up and down when ever they get ready. If we are the biggest producer of oil in the world why is it that a gallon of gas in Saudi Arabia in 35 cents and a cost of a gallon of gas in Venezuela is 25 cents and no l producing country has gas price any where near a dollar yet were are stuck paying $3.50 + per gallon. ........................ :rant: :rant: :rant:1 point
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Nobody notices that you're carrying. In time you won't care if they did notice anyway. Sent from my iPhone using Tapatalk1 point
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Hmmm. I see what you mean, then. Apologies if the comment seemed insulting or anything. "Tennessee's Handgun Carry Permit does not meet the requirements of the federal Brady Bill because it lacks a requirement for an annual re-check of the permit holder's criminal history and it does not require a check through the National Instant Check System (NICS). Therefore, purchasers holding a valid Tennessee Handgun Carry Permit still have to have a TICS/NICS check performed when purchasing a firearm." I can find no requirement for the yearly check. Also, to think your HCP app is not vetted through NICS seems absurd. It's sent to FBI for criminal background check, which runs NICS. So what would FBI use if not their own system? Also, our state legislators seem to think that we could enact it if we chose. Not that they're exactly the intelligentsia, but I do believe someone would have checked on that before writing the bill, which included no changes needed in the HCP process. Frankly, I think that entire paragraph is bogus until proven differently. And the reason we can't use HCP for NICS is because we haven't enacted it, as the federal statute requires. Not to mention the fact that the state is not willing to let go of the 10 clams per pop. As always, I'm certainly willing to be wrong -- but I'd like to see some documentation regarding this beyond their statement. - OS1 point
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Accountability that won't ever come as long as the concept of qualified immunity exists in American jurisprudence. While the equipment is less important than accountability, it is still an important issue. I know you are familiar with the concept "the clothes make the man." I remember it being used to great effect when I was in basic training. "Here is your uniform. You look like an Airman, now it is time to act like one!" This is the concept currently at work in the militarization of LE across the nation. LEAs are increasingly being equipped like military units, dressing like military units, using military terminology to describe themselves, recruiting former military personnel and using military tactics to carry out their missions. All of this engenders a war/combat mindset in the officers. Law enforcement is not a military mission. You and I have lightly touched upon this subject before. You don't object to the use of military hardware and tactics stateside, I do. While a 3am raid where you kick down a door of a structure and rush the occupants before they can respond in a clear headed manner may be an entirely appropriate tactic when the targets are enemy soldiers in a combat zone, it isn't in a US city when dealing with citizens.1 point
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