ANTIFA - Rioting and Destroying America

Discussion in 'Politics' started by gwb-trading, Jun 1, 2020.

  1. ipatent

    ipatent

    I provided all the information a lawyer would need to disprove your arguments. The statutory language fits. You need to find an exculpatory California case on false imprisonment or your client loses.
     
    #1061     Feb 2, 2022
  2. userque

    userque

    No. A prima facie case hasn't been made as to detainment, etc. If the drivers can escape their car/freeway, they are not imprisoned. This should be an obvious conclusion. The DA has to FIRST MAKE A PRIMA FACIE CASE.

    The Defense can argue simply that a prima facie case hasn't been made.

    The DA needs the case law showing that people sitting in their cars, when they can walk away, are imprisoned.

    Like I said, you need to demand a refund.
     
    Last edited: Feb 2, 2022
    #1062     Feb 2, 2022
  3. ipatent

    ipatent

    You need a case to establish that or it will be a case of first impression in which the DA is free to take an aggressive position.
     
    #1063     Feb 2, 2022
  4. userque

    userque

    Your post here has absolutely nothing to do with the DA's requirement to make a prima facie case. Period.
     
    #1064     Feb 2, 2022
  5. ipatent

    ipatent

    The statute makes the case. The DA can take the position that it isn't reasonable to expect people to leave their automobiles on a crowded road. Unless there is a contrary case, which you haven't found yet.
     
    #1065     Feb 2, 2022
  6. userque

    userque

    The statue doesn't require reasonableness, it deals with safety, just like the drafters wanted. Period.

    Also, the word reasonable normally modifies something. 'Reasonable Person,' reasonable time,' etc. for examples. The way you're trying to use it, all by itself, makes no sense. (...Get your Refund...)

    These laws have been on the books forever and are likely well settled.
    Protests have also been happening forever.
    This a not the case of, for example, new technology needing new case laws to be made.

    Again, the onus is on the DA to show how his creative, off-label use applies via case law or other means. The defendant is innocent until proven guilty. The defendant doesn't need case law (as you stated earlier) to prove his innocence. Again, get a refund.
     
    #1066     Feb 2, 2022
  7. ipatent

    ipatent

    Then find me a case that says so.
     
    #1067     Feb 2, 2022
  8. userque

    userque

    Find you a case that says what?
     
    #1068     Feb 2, 2022
  9. ipatent

    ipatent

    That the law is settled, i.e. obstructing a vehicle on a busy road can't be misdemeanor false imprisonment.
     
    #1069     Feb 2, 2022
  10. userque

    userque

    I see you are clueless as to what 'well settled' means.

    It means 'well established,' mature, stable, etc.

    False Imprisonment was defined in 1871.

    You definitely need a refund from your 'so-called' law school.
     
    #1070     Feb 2, 2022