Class, Rodney Dale
-
- Admiral of the Quatloosian Seas
- Posts: 811
- Joined: Mon Jan 10, 2005 6:18 pm
Re: Rod Class v. North Carolina
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.
Sincerely,
Maury Enthusiast!
I guess Mr. Class will get his bonus points regardless of the outcome.
Sincerely,
Maury Enthusiast!
-
- J.D., Miskatonic University School of Crickets
- Posts: 1812
- Joined: Fri Jul 25, 2003 10:02 pm
- Location: Southern California
Re: Rod Class v. North Carolina
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.I can't imagine why the USSC accepted it, but we shall see I guess.
Dr. Caligari
(Du musst Caligari werden!)
(Du musst Caligari werden!)
-
- Knight Templar of the Sacred Tax
- Posts: 7668
- Joined: Sat May 19, 2007 12:59 pm
- Location: Texas
Re: Rod Class v. North Carolina
The Court has done so.Dr. Caligari wrote: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.I can't imagine why the USSC accepted it, but we shall see I guess.
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).
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
-
- Admiral of the Quatloosian Seas
- Posts: 281
- Joined: Mon Sep 11, 2017 2:07 pm
- Location: The Lone Star State
Re: Rod Class v. North Carolina
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?
"Never in the field of human conflict, was so much owed (but not paid), by so few, to so many." - Sir Winston Churchill
-
- Supreme Prophet (Junior Division)
- Posts: 6138
- Joined: Thu Apr 23, 2009 8:26 pm
- Location: In the woods, with a Hudson Bay axe in my hands.
Re: Rod Class v. North Carolina
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.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?
"We've been attacked by the intelligent, educated segment of the culture." -- Pastor Ray Mummert, Dover, PA, during an attempt to introduce creationism -- er, "intelligent design", into the Dover Public Schools
-
- Princeps Wooloosia
- Posts: 3144
- Joined: Sat May 24, 2008 4:50 pm
Re: Rod Class v. North Carolina
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.
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.
-
- A Balthazar of Quatloosian Truth
- Posts: 13806
- Joined: Mon Jul 04, 2005 7:17 pm
Re: Rod Class v. North Carolina
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
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.
-
- Admiral of the Quatloosian Seas
- Posts: 993
- Joined: Sat Jul 25, 2015 8:53 pm
Re: Rod Class v. North Carolina
Pottapaug1938 wrote: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.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?
ah yes. 28½ days to opening day
-
- Quatloosian Federal Witness
- Posts: 7624
- Joined: Sat Apr 26, 2003 6:39 pm
Re: Class, Rodney Dale
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.
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.
"A wise man proportions belief to the evidence."
- David Hume
- David Hume
-
- A Balthazar of Quatloosian Truth
- Posts: 13806
- Joined: Mon Jul 04, 2005 7:17 pm
Re: Class, Rodney Dale
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.