NO DREDGE WIN

[Hoser John]

Sent back to the same court that hung him by his.........John--this site won't let me download the file

[Hoser John]

more than 1 way to skin a cat...............Remand is not only necessary because these questions cannot be answered by a review of the record of trial we have before us but also because it is fair to the defendant and to the People as each party may have evidence beyond the offer of proof and argument it wishes to offer beyond that which has thus far been offered in the trial court on the issue of federal preemption.
DISPOSITION
The judgment is reversed and the cause is remanded to the trial court for further proceedings.



HULL , Acting P. J.



We concur:



ROBIE , J.



HOCH , J.

[Gold Seeker]

John, this has been known for almost a month now, but this time the lower court has to allow all of Brandon's evidence, e.g. they didn't allow him to present his evidence that the ban on dredging preempts Federal mining laws, this time they have to allow that evidence and make a judgement on the preemption matter or drop charges!!


Of course they could find him guilty again and find that the ban doesn't preempt Federal mining laws, in which case it will be appealed again and the Third Appellate Court has pretty much already gave their opinion that it does.

[russau]

These courts on the west coast (and other states)HAVE been known to (when it starts to go against them) to drop the charges and the case to prevent any precedents and opening everyone else to enjoy their Constitutional Rights without these wacoenviromentalists and them blood sucking green lawyers from comeing back on them! keep watching these Cal. courts as they do the wacoenviromentalits/damocraps bidding!

[Hoser John]

This is one sick mess as what happened to bam the gavel drops and justice is served. This was just published in the federal register and NO CASE means squat till published to be legal and final. Just like the Misery riots again-nothing is ever done or finished as the legal bs continues unabated. Our government is broken and no longer functioning as brought forth on this continent. In Kalif you are guilty till proven innocent,summabeaches What ever happened to the DOUBLE JEOPARDY laws as in you CANNOT try a man twice for the same crime as this time it could be worse for him???The end-John