Class, Rodney Dale

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Re: Rod Class v. North Carolina

Post by Paths of the Sea »

So, if Mr. Class wins his appeal before the Supreme Court, the case will simply be returned to the appeals court to decide the merits of the appeal; on which he might be expected to lose again, after which the Supreme Court will then deny certiorari???

I guess Mr. Class will get his bonus points regardless of the outcome.

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Re: Rod Class v. North Carolina

Post by Dr. Caligari »

I can't imagine why the USSC accepted it, but we shall see I guess.
As is explained in his cert. petition (linked above), the Circuits are wildly split over whether a defendant who pleads guilty can still appeal on the grounds that the statute he was convicted of violating is unconstitutional. SCOTUS really does need to resolve that split.
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Re: Rod Class v. North Carolina

Post by Famspear »

Dr. Caligari wrote:
I can't imagine why the USSC accepted it, but we shall see I guess.
As is explained in his cert. petition (linked above), the Circuits are wildly split over whether a defendant who pleads guilty can still appeal on the grounds that the statute he was convicted of violating is unconstitutional. SCOTUS really does need to resolve that split.
The Court has done so.

On February 21, 2018, the United States Supreme Court, in a 6-3 decision, ruled in favor of Rodney Class, holding that a guilty plea, by itself, does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. The judgment of the Court of Appeals for the District of Columbia Circuit is reversed, and the case is remanded for further proceedings consistent with the Supreme Court's opinion.

Class v. United States, no. 16–424 (Feb. 21, 2018).
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Re: Rod Class v. North Carolina

Post by BoomerSooner17 »

Is this the first instance of the Supreme Court hearing an appeal from a sovcit, much less deciding in their favor? If so, is this a historic achievement for sovcits, or simply an instance of a broken clock being right twice a day?
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Re: Rod Class v. North Carolina

Post by Pottapaug1938 »

BoomerSooner17 wrote:Is this the first instance of the Supreme Court hearing an appeal from a sovcit, much less deciding in their favor? If so, is this a historic achievement for sovcits, or simply an instance of a broken clock being right twice a day?
I suspect that this is the SCOTUS equivalent of a cellar-dwelling baseball team actually scoring a run, in the third inning of a 12-1 game, on a walk, defensive indifference, a passed ball and an error by the shortstop on the throw home.
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Re: Rod Class v. North Carolina

Post by fortinbras »

I believe that, despite everything, Rod Class established an important AND DESIRABLE legal point: A defendant might be squeezed into a plea bargain when being prosecuted under a law that might be invalid ... and yet still be able to dispute the validity of that law (and, if he should succeed in establishing that the law was invalid, then his guilty plea and sentence would be set aside).

Class did not win his freedom with this decision, he won only the opportunity to challenge the validity of the law under which he pleaded guilty.
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Re: Rod Class v. North Carolina

Post by notorial dissent »

I think the better question would be whether this was actually Class or the efforts of his appointed advisory counsel, since I have yet to see him put together either a coherent thought or sentence, and I have a hard time believing it now.
Last edited by Gregg on Thu Mar 01, 2018 9:21 pm, edited 1 time in total.
Reason: fixed formatting error
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.
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Re: Rod Class v. North Carolina

Post by Chaos »

Pottapaug1938 wrote:
BoomerSooner17 wrote:Is this the first instance of the Supreme Court hearing an appeal from a sovcit, much less deciding in their favor? If so, is this a historic achievement for sovcits, or simply an instance of a broken clock being right twice a day?
I suspect that this is the SCOTUS equivalent of a cellar-dwelling baseball team actually scoring a run, in the third inning of a 12-1 game, on a walk, defensive indifference, a passed ball and an error by the shortstop on the throw home.

ah yes. 28½ days to opening day
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Re: Class, Rodney Dale

Post by wserra »

We had two threads on Class. I merged them and gave him a coveted spot in the "Promoters" forum.

Now for the update. First, a brief synopsis. Class pleaded guilty to possession of a weapon in DC, then appealed on Second Amendment grounds. The DC Circuit held that he had waived the issue by pleading guilty. The Supreme Court granted cert and reversed, holding that a bare guilty plea without more does not waive an appeal on constitutional grounds - remanded to the Circuit for a ruling on the merits. On Friday the DC Circuit ruled: affirmed, distinguishing Heller. I don't see the Supreme Court granting cert on this one.

And I can't resist a final comment: if the idjit hadn't parked illegally, he probably wouldn't have gone through any of this. But that's a sov for ya.
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notorial dissent
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Re: Class, Rodney Dale

Post by notorial dissent »

Better yet the damn fool could have stayed home and none of this would have come to pass.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.