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« Court refuses DC request for a stay | Main | 2A "as applied" challenge victory »

Shaneen Allen: good news

Posted by David Hardy · 24 September 2014 03:48 PM

She's going to be admitted to pretrial diversion, which in practice means going to a bit of effort in exchange for having charges dismissed. Kudos to attorney Ev Nappen!

Here's the Attorney General's memo, dated today, finding that (absent aggravating factors) a prosecutor can offer diversion to avoid imprisonment under the NJ statute imposing a 3.5 year mandatory minimum sentence.

7 Comments | Leave a comment

Jerry the Geek | September 24, 2014 9:08 PM | Reply

This is indeed good news, and is an example of a person being 'tried in the press' to the benefit of the the accused, justice, civilization and The State. Not to mention (*COUGH*) the ambitious prosecutor with egg on his face (*COUGH*)

I had written elsewhere that this is a case which calls for Jury Nullification; that there is something unjust about a person becoming a criminal by crossing a bridge.

Doubtless, a lot of people will sleep more soundly at night knowing that there are legal means to ameliorate the effects of overly enthusiastic "gun control" measures which do nothing to control violence but go far toward abrogating the Constitution.

Bill | September 25, 2014 2:27 AM | Reply

"Doubtless, a lot of people will sleep more soundly at night knowing that there are legal means to ameliorate the effects of overly enthusiastic "gun control" measures which do nothing to control violence but go far toward abrogating the Constitution."

The law had nothing to do with it in this case.
I think the severe public embarassment after the Rice fiasco is the only thing that saved her.

As for expecting a NJ jury to nullify a gun law? Don't hold your breath. These aren't people laboring under authoritarianism, they LIKE their insane laws. Same goes for NYC, Mass and MD, among others.

You could nuke the entire northeast and it would be a net gain for the country. It's nothing but a giant flock of sheep absolutely confident that despite having the most corrupt police and state governments in the country think they're safer giving the govt. more power.

Ceefour | September 25, 2014 6:59 AM | Reply

Good news.But I bet she won't get her pistol back and what happenns to her CWL?

Rich | September 25, 2014 10:22 AM | Reply

While I have not been on a case like this the couple of times I was called for jury duty in NJ the prosecutor was always making sure he had very compliant people on the jury. Any sort of thinker was dismissed without reason.

rspock | September 25, 2014 3:09 PM | Reply

A "win" for her but for the next person? This insane law is still in the books.

scott miller` | September 26, 2014 3:33 PM | Reply

We need a law recognizing national reciprocity. How is it that the constitution requires full faith and credit to driver licenses, marriage licenses, and the like, but not a concealed weapons permit?

FWB | September 29, 2014 3:51 PM | Reply

We have a law requiring reciprocity but the judiciary of this country gutted it. It is the Full faith and credit clause of the Constitution for the United States of America. It says Full faith and credit SHALL be given. This is a command NOT a request. States have no choice. Now Congress MAY make GENERAL laws, that is NOT specific laws, concerning how to prove the public acts, records and judicial proceedings of one state in another BUT no interpretation of the latter clause can be made that causes the absolute command of the first clause to be nullified. AND general laws means Congress cannot pass a law about firearms but only about ALL public acts, records, and judicial proceedings. Our problems arise because we let a bunch of clowns screw with the simple language of the Constitution. Just as the 2nd amendment is an absolute proscription on ALL governments in the US via the supremacy clause, the full faith and credit clause makes no allowance for not giving credit.

We have been lied to by the courts for a couple of centuries. The greatest destructions visited upon the Constitution have come from judges. It is interesting that judicial decisions are seldom viewed with an eye for errors. The courts ruined the Bill of Rights in 1833 when they incorrectly decided that the Bill of Rights did not bind the states. Marshall had to reach way up his backside to pull that one out. And today We the People, the rightful bosses of all the governments in the Union still suffer the horrible effects of that and numerous other incorrect decisions.

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