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Bald Knob Open Carry Case Dismissed

Mike

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http://www.arkansasmatters.com/news/local-news/bald-knob-open-carry-case-dismissed

SNIP

BALD KNOB, Ark. - An open carry case against Bald Knob resident Richard Chambless has been dismissed, officials say.

. . .

After he was arrested, Chambless cited Act 746 and said it made open carry legal in The Natural State.

. . .

Before August ended, Rutledge issued an official opinion stating that open carry is legal in The Natural State as long as the gun carrier doesn't attempt to unlawfully use their firearm.

On Tuesday, the case against Chambless was dropped, according to Bald Knob City Attorney Don Raney.

"I did nothing wrong and today the city of Bald Knob finally conceded to that fact," Chambless said.

. . .
 

HPmatt

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So should he get the arrest record expunged? Would sue for that as well as false charges - show me the $$$. Sue the resigned Sherriff/Police Chief personally - get an attachment on the insurance proceeds from his burned up truck.
 

redhawk44

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Thanks for the update. A win through trial would have established case law, and I believe the prosecutor knew this and wanted to see that did not happen. Non-the-less, good for Arkansans.
 

Grapeshot

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Thanks for the update. A win through trial would have established case law, and I believe the prosecutor knew this and wanted to see that did not happen. Non-the-less, good for Arkansans.
Presume that Arkansas is not unlike other states in that lower court (general district?) verdicts are not courts of record and do not set precedent. At the appellant level and up the real weight begins, thereby establishing case law.

I see his false arrest as being an excellent basis for civil action.
 
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9026543

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Presume that Missouri is not unlike other states in that lower court (general district?) verdicts are not courts of record and do not set precedent. At the appellant level and up the real weight begins, thereby establishing case law.

I see his false arrest as being an excellent basis for civil action.
What does Bald Knob, AR have to with Missouri???????????????
 

davidmcbeth

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Whoops - thanks for the catch. Corrected it to read Arkansas.
There is a great difference between AK and MO ... their state abbreviations is the biggest.

And case law can be produced from lower courts ... not binding upon anyone other than lower admin. bodies though.
 

redhawk44

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Whoops - thanks for the catch. Corrected it to read Arkansas.

The miscue was picked up from the poster's home state.
While I was born in Missouri, I lived in Hot Springs, Ar from 1977 to retirement in 2006, then back to the Ozarks.

As I remember, the original conviction for disorderly was at the local level (city) based on the open carry of a firearm and appealed to the District Court (state). Because Arkansas is so rural, the District Court can cover 3 or 4 counties. A win out of the District, while maybe not legally binding throughout the state, most certainly would have set precedent (along with the AG opinion) for consideration by other municipalities in the future.
 
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Grapeshot

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--snipped-- A win out of the District, while maybe not legally binding throughout the state, most certainly would have set precedent (along with the AG opinion) for consideration by other municipalities in the future.
Words have meaning.

Precedent is called stare decisis. A prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.
http://dictionary.law.com/Default.aspx?selected=1573

Neither an opinion of a lower court nor that of an AG is binding/sets precedence. If you intended to say that either/both my be used to argue cases of a similar nature, I would agree. There is no obligation on the court however.
 

redhawk44

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Words have meaning.

Precedent is called stare decisis. A prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.
http://dictionary.law.com/Default.aspx?selected=1573

Neither an opinion of a lower court nor that of an AG is binding/sets precedence. If you intended to say that either/both my be used to argue cases of a similar nature, I would agree. There is no obligation on the court however.
I am completely aware of what precedent, case law and AG opinions are. The prosecutor did not want an adverse decision on appeal. Jurisdictions are interpreting and enforcing the law differently and since it appears the Legislature is not going to address the matter further, it is going to have to be decided either in the judicial, or, by changing the attitudes, hearts and minds of those who are interpreting the statute, in many people's opinion, wrongly. So, precedence is not so much a legal consideration as much as it is a practical matter of how the law is enforced pursuant to any and all court decisions. Evidently, this prosecutor did not want the case to go a jury, a step further in deciding the issue in the judicial.
 
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redhawk44

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Word salad is a "confused or unintelligible mixture of seemingly random words and phrases",[1] most often used to describe a symptom of a neurological or mental disorder.

................... https://en.wikipedia.org/wiki/Word_salad
Well, if my grammar and sentence structure does not measure up to your intellectual standards, I really do not care. The fact that you could not grasp what my point is/was, is your problem. Besides I've been tested, have you.
 

stealthyeliminator

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Well, if my grammar and sentence structure does not measure up to your intellectual standards, I really do not care. The fact that you could not grasp what my point is/was, is your problem. Besides I've been tested, have you.
When I read davidmcbeth's post I took it to be pointing out how Nightmare's use of "word salad" wasn't really applicable, which was kind of ironic since Nightmare was essentially accusing you of using words incorrectly, and was therefore humorous. But maybe I interpreted it incorrectly.
 

davidmcbeth

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Well, if my grammar and sentence structure does not measure up to your intellectual standards, I really do not care. The fact that you could not grasp what my point is/was, is your problem. Besides I've been tested, have you.
I only posted the wiki. link to the term "word salad". I had no issue with your post ... And yes I've been tested, many times. :uhoh:
 
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