AG Graves: DC Appeals Court reversing 75% of gun possession cases

[Anonymous]

Interesting wrinkle to the crime issue - the DC Court of Appeals isn’t allowing illegal gun possession cases to get prosecuted.

https://www.wusa9.com/article/news/investigations/matthew-graves-us-attorney-4th-amendment-cases-lost/65-93c2162b-41f2-4caf-b37f-30d95c4a4cdf

[Anonymous]

Key takeaway: No other appeals court in the entire country has reached the same conclusion as the DC Appeals court.

"When you look at those dissent opinions, something you will consistently see is the dissent noting they are not aware of a case in another jurisdiction that requires the outcome that the DC Court of Appeals is reaching."

[Anonymous]

Anonymous wrote:Interesting wrinkle to the crime issue - the DC Court of Appeals isn’t allowing illegal gun possession cases to get prosecuted.

https://www.wusa9.com/article/news/investigations/matthew-graves-us-attorney-4th-amendment-cases-lost/65-93c2162b-41f2-4caf-b37f-30d95c4a4cdf

Can the Court of Appeals be sued for not upholding the law? Other governments can be sued for not upholding the law, so why not the DC Court of Appeals?

[Anonymous]

Everyone’s pointing fingers at each other…sigh. Anyway, is the USAO appealing the DCCA? And if they think this will be the outcome there, why not just try to get all these cases to plead out?

[Anonymous]

Anonymous wrote:Everyone’s pointing fingers at each other…sigh. Anyway, is the USAO appealing the DCCA? And if they think this will be the outcome there, why not just try to get all these cases to plead out?

What defense attorney is going to tell their client to take a plea to a charge the appeals court isn't going to uphold a conviction on?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Everyone’s pointing fingers at each other…sigh. Anyway, is the USAO appealing the DCCA? And if they think this will be the outcome there, why not just try to get all these cases to plead out?

What defense attorney is going to tell their client to take a plea to a charge the appeals court isn't going to uphold a conviction on?

I’d imagine that the facts of each case are idiosyncratic enough that there’s no guarantee here

[Anonymous]

I feel like Graves is kind on a “crime if everyone’s fault but ours” PR streak no?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Everyone’s pointing fingers at each other…sigh. Anyway, is the USAO appealing the DCCA? And if they think this will be the outcome there, why not just try to get all these cases to plead out?

What defense attorney is going to tell their client to take a plea to a charge the appeals court isn't going to uphold a conviction on?

I’d imagine that the facts of each case are idiosyncratic enough that there’s no guarantee here

There’s a guarantee that criminals will remain free to terrorize their communities.

[Anonymous]

Anonymous wrote:I feel like Graves is kind on a “crime if everyone’s fault but ours” PR streak no?

The conservative judges have radically rewritten the 2A and 4A in the context of ability to carry an illegal gun. Basically, the AG can't get the charges to stick. So they are just letting these guys go unless they can nail them for another crime.

A guy who gets busted once carrying an illegal is almost guaranteed to go out and get another illegal gun.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I feel like Graves is kind on a “crime if everyone’s fault but ours” PR streak no?

The conservative judges have radically rewritten the 2A and 4A in the context of ability to carry an illegal gun. Basically, the AG can't get the charges to stick. So they are just letting these guys go unless they can nail them for another crime.

A guy who gets busted once carrying an illegal is almost guaranteed to go out and get another illegal gun.

No, what he is talking about is not the ability to carry a gun, he is talking about DCCA decisions related to stop and frisk. DC goes further than just about any jurisdiction in its decisions about what police cannot do under the 4th Amendment.

[Anonymous]

Equity demands these cases be dismissed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Interesting wrinkle to the crime issue - the DC Court of Appeals isn’t allowing illegal gun possession cases to get prosecuted.

https://www.wusa9.com/article/news/investigations/matthew-graves-us-attorney-4th-amendment-cases-lost/65-93c2162b-41f2-4caf-b37f-30d95c4a4cdf

Can the Court of Appeals be sued for not upholding the law? Other governments can be sued for not upholding the law, so why not the DC Court of Appeals?

Judges can be impeached by Legislation.

[Anonymous]

Amend the Constitution or stop searching people within probable cause.

[Anonymous]

Graves is US Attorney for the District of Columbia, the AG for DC is Schwab. Their different roles are set out in the Home Rule Act. Graves is a fed appointee, Schwab is elected.

[Anonymous]

The process would be to try for US Supreme Court review. No one is going to be impeaching judges which would not clarify the underlying law.