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So says the 9th U.S. Circuit Court of Appeals.

https://www.apnews.com/b27cd0c396914da598683451456e460e

PHOENIX (AP) — A federal appeals court has upheld a man’s second-degree murder conviction but threw out another conviction based on the first while ruling that the murder isn’t always a crime of violence under federal law.

The 9th U.S. Circuit Court of Appeals panel’s 2-1 ruling Monday said Randly Begay couldn’t be convicted of discharging a firearm during a crime of violence because second-degree murder can be committed recklessly and therefore isn’t legally considered a “crime of violence.”

Begay was convicted of second-degree murder in a 2013 killing in Tuba City, Arizona, on the Navajo Nation’s reservation.

Roderick Ben was shot in the head as he, Begay and two other people sat in a van outside a home.

Begay had been complaining about claims his girlfriend was cheating on him with Ben.

The case seems to rely on the definition of "crime of violence" - which I'm guessng is something like "willful intent to cause bodily injury" and second degree murder can fail the "willful" test.

Can you point to why you think the majority got it wrong? I mean legally, not just because you feel it to be wrong.

  • Popular Post
Just now, Foosters said:

Can you point to why you think the majority got it wrong? I mean legally, not just because you feel it to be wrong.

He doesn't care about the case, he just wants to shit on the 9th circuit because he was told it's bad by Fox, Rush and/or the GOP.  Or all of them.

EMAWesome is not a poster of integrity

......................................................honesty

......................................................intelligence

 

So says the 5th U.S. Circuit Court of Go Back To Shaggy

Edited by TexLonghorn

5 minutes ago, wildcat09 said:

Why is this thread even here?

My question too.  What point is OP trying to make here?

7 minutes ago, Judge Roybeanbag said:

He doesn't care about the case, he just wants to shit on the 9th circuit because he was told it's bad by Fox, Rush and/or the GOP.  Or all of them.

first thought too

7 minutes ago, wildcat09 said:

Why is this thread even here?

why are any of us even here?

Just now, Longhorn_Fan68 said:

why are any of us even here?

Awwww sheeeeiiittttt

 

3 minutes ago, Longhornfan1024 said:

My question too.  What point is OP trying to make here?

He's just pwning the libs.

1 minute ago, Longhorn_Fan68 said:

why are any of us even here?

I'm here for the donuts

Edited by DixonHur

The definition of second degree murder includes reckless acts

The definition of violence is an action with an intent to hurt damage or kill.

 

Thus, the court is technically correct, and OP is still an absolute idiot. 

OP is lying.

Seriously, those are the only 3 words that need to be said here

I was verdicts like this that eventually led to violent acts of a lethal nature being reclassified as a ‘murder death kill’

it’s all proof we are living in Simon’s simulation.  

18 minutes ago, Chad Fuck said:

Awwww sheeeeiiittttt

 

Probably my favorite Bobby Lamm song from them.

Have you seen this cover version?  These guys do an incredible job on Chicago.

 

27 minutes ago, Foosters said:

Can you point to why you think the majority got it wrong? I mean legally, not just because you feel it to be wrong.

Bonus points if the explanation doesn't contain the words Obama, Hillary, antifa, etc... We're all on edge as we await the legal analysis from one of the preeminent legal scholars of our time. Don't let us down.

 

 

26 minutes ago, Longhornfan1024 said:

My question too.  What point is OP trying to make here?

 

That murder is bad and we should feel bad. 

Extra points if you work in circumstantial evidence.

Just now, Chad Fuck said:

Extra points if you work in circumstantial evidence.

Circumstantial evidence suggests that Leonid and Friends will be playing in Dallas on November 1.  I might buy tickets.

6 minutes ago, DDD Dad said:

Circumstantial evidence suggests that Leonid and Friends will be playing in Dallas on November 1.  I might buy tickets.

That would certainly be much more entertaining than this thread.  Or at least, more intentionally entertaining.

37 minutes ago, Longhornfan1024 said:

My question too.  What point is OP trying to make here?

That liberals, and judges that rule against his political views are bad, and we should all be right wing conservatives and have courts filled with Clarence Thomas clones. 

43 minutes ago, Longhornfan1024 said:

My question too.  What point is OP trying to make here?

To distract, deflect, discredit, and deceive.

3 minutes ago, Pancho said:

Why is this poster even here. 

To distract, deflect, discredit, and deceive.

13 minutes ago, Pancho said:

Why is this poster even here. 

To get paid by Russia.

1 hour ago, DDD Dad said:

Probably my favorite Bobby Lamm song from them.

Have you seen this cover version?  These guys do an incredible job on Chicago.

 

OK this just sent me down a 2 hour YouTube rabbit hole.

The federal definition of "crime of violence," and there are different ones for different purposes, is a byzantine, non-sensical giant fucking mess.

Like a lot of federal criminal law.

1 hour ago, wildcat09 said:

Why is this thread even here?

bc current shit in other threads is absolutely indefensible. he's scraping around trying to find something to own the libtards.

give him a break, pickings are pretty slim

 

theres-been-a-5b7c46.jpg

...up in this thread.  

I do declare, this is violence!

 

16 hours ago, Pancho said:

Why is this poster even here. 

My second question.  How has EMAW not been sourced yet?  He's a Kansas fan on a Longhorn board who constantly shit posts.  He should be gone.

serious question...how hard is it to go through life this fucking stupid?

does EMAW find it intellectually challenging to pump his own gas?

i’m genuinely curious...

1 minute ago, Kyrie Eleison said:

serious question...how hard is it to go through life this fucking stupid?

does EMAW find it intellectually challenging to pump his own gas?

i’m genuinely curious...

He probably lives in NJ so he doesn't have to deal with that drama.

1 hour ago, Kyrie Eleison said:

serious question...how hard is it to go through life this fucking stupid?

does EMAW find it intellectually challenging to pump his own gas?

i’m genuinely curious...

probably not, but he has to check which side it's on every time he pumps

1 minute ago, Longhorn_Fan68 said:

probably not, but he has to check which side it's on every time he pumps

Pssst . . . EMAW . . . just look at your gas gauge and the little arrow will tell you which side your gas tank is on:

Image result for arrow next to gas pump icon

Maybe non-lawyers should avoid starting threads about legal analyses they clearly can't comprehend?

20 minutes ago, SquishMitten said:

Maybe non-lawyers should avoid starting threads about legal analyses they clearly can't comprehend?

Maybe EMAW should just stop posting ever.  

There’s a thread about homelessness that might be a better fit for you.

20 hours ago, wildcat09 said:

Why is this thread even here?

Because the OP is a moron.

3 minutes ago, Huckleberry said:

Because the OP is a moron.

are you basing this on inadmissible circumstantial evidence?

1 hour ago, Longhornfan1024 said:

Maybe EMAW should just stop posting ever.  

EMAW should only post about things he comprehends. 

Should keep him very quiet, which will be a blessing to all of mankind. 

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