9th Gets It Right, as does the 7th. Court News

You will rarely see the 9th Circuit Court of Appeals praised for getting a decision right. Popularly (but inaccurately) described as the most-reversed appeals court, the 9th is normally seen as a rubber-stamp for progressive West Coast idealogues more than as a neutral legal forum.  Well, they finally hit one out of the park.

California’s ban on the open carry of firearms in most parts of the state is unconstitutional, a San Francisco-based federal appeals court ruled Friday.

The 9th U.S. Circuit Court of Appeals determined that the ban, which applied to counties with populations greater than 200,000, violates residents’ 2nd Amendment right to keep and bear arms. Under those regulations, 95% of the state’s population was subject to the ban.

Governor Newsom disagrees, and of course wants to appeal the decision.

“California’s law was carefully crafted to comply with the Second Amendment and we’re confident this decision will not stand,” he said in a post on X.  LA Times

Have to wonder exactly which Constitution some of these people keep talking about – it certainly isn’t the one I grew up with.

Although, I certainly think they have the right to appeal the 9th’s decision… although, I do think it’s only fair that if the appeals court has already ruled, the cost of appealing should come out of the appellants’ pockets, win or lose. You have to think that if THEY were paying for the appeal rather than the taxpayers, they might think twice?

Moving on to the 7th Court of Appeals in Texas – you may remember the case a couple of years back in which an Austin  cop was sentenced to two years for an on-the-job shooting of Mauris DeSilva by Austin’s Soros-bought DA, Jose Garza.

“In 2019, Appellant, then an Austin Police Department officer, and three fellow officers responded to a 911 call at a downtown Austin condo building. A resident, Mauris DeSilva, had been seen roaming the halls with a knife to his throat and threatening suicide,” the document explains.

“Bodycam footage showed that when the elevator doors opened, DeSilva was facing a hallway mirror with the knife at his throat. He turned and approached the officers. They had not designated a single officer to issue commands, and all four shouted orders, including ‘show me your hands’ and ‘drop the knife’,” the document says.

“DeSilva lowered the knife to his side but continued forward. Almost simultaneously, the taser officer fired, and the two officers with drawn weapons fired as well. Appellant fired five shots, and the other officer fired twice. DeSilva died at the scene,” the document notes.

“Appellant was indicted for deadly conduct with a firearm and pleaded not guilty, asserting self-defense and defense of others,” the document noted, adding that a jury found Taylor guilty and a court sentenced him to “two years’ imprisonment.”

Classic case of a DA retrying a case until he got the results he wanted. However, the  appeals court:

“This case comes down to a single, unavoidable question: When an elevator door opens to reveal a man holding a knife who turns toward officers and advances, may an officer reasonably believe deadly force is necessary to prevent an imminent murder? The jury concluded no. The record and the governing law compel the opposite,” the opinion declared.

In response to Taylor’s conviction being overturned this week, Austin Police Association President Michael Bullock said the appeals court decision “once again shows that District Attorney Jose Garza manipulated the criminal justice system by repeatedly trying cases against Detective Taylor, until the jury pool was so tainted that an impartial decision could not be made.”

“Thankfully, the 7th Court of Appeals saw through this and did their part by reversing and acquitting Detective Taylor,” the union leader said. “They showed that Travis County and District Attorney Garza cannot create their own version of justice deviating from and manipulating state law, while also ignoring police practices.”  Fox News

Sadly, Garza won re-election in 2024 and is still in office.

Just over a month later, his office faced pointed criticism — including from Abbott — for blowing deadlines to indict violent criminals, major oversights that have resulted in at least two suspected murderers getting out of jail on dramatically reduced bonds.  Austin Statesman

As an anti-cop liberal, Garza is popular in Austin… it would be nice if the San Francisco of Texas voters would pull their heads out – but I am not holding my breath.

Category: "Your Tax Dollars At Work", Crime, Gun Grabbing Fascists