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	<title>Comments on: ***  I WON MY APPEAL ***</title>
	<atom:link href="http://carlosmiller.com/2009/12/20/i-won-my-appeal/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/</link>
	<description>It's a First Amendment Right</description>
	<lastBuildDate>Sun, 26 Jun 2011 02:03:25 +0000</lastBuildDate>
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		<title>By: @another_pd</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18295</link>
		<dc:creator>@another_pd</dc:creator>
		<pubDate>Mon, 28 Dec 2009 12:52:43 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18295</guid>
		<description>Carlos--Happy for your appellate outcome.  Please consider an attorney for the next charge. If you can get another win, and a dismissal on the first charges, I would seriously recommend filing a malicious prosecution suit.  
 
The only way to make them learn is to make them pay. 
 
Great job! </description>
		<content:encoded><![CDATA[<p>Carlos&#8211;Happy for your appellate outcome.  Please consider an attorney for the next charge. If you can get another win, and a dismissal on the first charges, I would seriously recommend filing a malicious prosecution suit.  </p>
<p>The only way to make them learn is to make them pay. </p>
<p>Great job!</p>
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		<title>By: @another_pd</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18294</link>
		<dc:creator>@another_pd</dc:creator>
		<pubDate>Mon, 28 Dec 2009 12:44:38 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18294</guid>
		<description>Hey Johnny Law, you mean a &quot;stop and talk&quot; only works one way? WTF?   </description>
		<content:encoded><![CDATA[<p>Hey Johnny Law, you mean a &quot;stop and talk&quot; only works one way? WTF?</p>
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		<title>By: EdinMiami</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18255</link>
		<dc:creator>EdinMiami</dc:creator>
		<pubDate>Sun, 27 Dec 2009 00:43:35 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18255</guid>
		<description>Allow me to add to the long list...

Congratulations

P.S. Happy Holidays to everyone except JL (u can diaf, lol)</description>
		<content:encoded><![CDATA[<p>Allow me to add to the long list&#8230;</p>
<p>Congratulations</p>
<p>P.S. Happy Holidays to everyone except JL (u can diaf, lol)</p>
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		<title>By: Ariel</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18230</link>
		<dc:creator>Ariel</dc:creator>
		<pubDate>Fri, 25 Dec 2009 22:33:25 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18230</guid>
		<description>A bit late, but congratulations on your successful appeal. Good luck with the next.</description>
		<content:encoded><![CDATA[<p>A bit late, but congratulations on your successful appeal. Good luck with the next.</p>
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	<item>
		<title>By: carlos</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18198</link>
		<dc:creator>carlos</dc:creator>
		<pubDate>Thu, 24 Dec 2009 05:52:14 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18198</guid>
		<description>Congrats on the appeal.</description>
		<content:encoded><![CDATA[<p>Congrats on the appeal.</p>
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		<title>By: Roy Kerns</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18193</link>
		<dc:creator>Roy Kerns</dc:creator>
		<pubDate>Wed, 23 Dec 2009 19:05:20 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18193</guid>
		<description>What Don Cline said in post 83.

Just came to this Carlos&#039; conflict yesterday via link from Coyoteblog. After extensive reading of lots of months&#039; blogs and comments, reached that conclusion.  Some elaboration follows:

I greatly respect the self discipline Carlos has exhibited in the discussions. I respect, too, the professional, courteous elaboration of some of the paid staff &quot;on the other side&quot;, ie, several police officers and a few prosecutor lawyers. The interactions have, among other results, shown that sometimes deciding exactly what the law says does not happen easily. (Side trail: I suggest the idea that if not a lawyer one cannot figure out the law makes for monstrously serious unpredictability.)

That is why I think Carlos needs to take money from the personal accounts of the perps that have attacked him. No matter their professionalism, no matter their defense of having to make instant, snap judgements, etc, etc (all of which reduce to some technical legal verbage such as &quot;acting under color of law&quot; or similar), they did wrong. I understand (and agree with) the idea that if it becomes too hard for an officer or judge or lawyer to know whether they might suffer personal loss from an error, they will tend to not make hard decisions.  But the perps working over Carlos did wrong they should have recognized. Neither situation photographed allows for another interpretation.

The only way to make those with power honest is to make them personally pay for dishonesty. That&#039;s the &quot;send them a message&quot; bit. Take them for enough money that they will recognize that continuing to defy the Constitution will create a cottage industry where &#039;pro se&#039; folks will make a living out of fighting them in courts. That will utterly squash the &quot;we can outlast you&quot; tactic behind which so many Constitution defying acts hide.</description>
		<content:encoded><![CDATA[<p>What Don Cline said in post 83.</p>
<p>Just came to this Carlos&#8217; conflict yesterday via link from Coyoteblog. After extensive reading of lots of months&#8217; blogs and comments, reached that conclusion.  Some elaboration follows:</p>
<p>I greatly respect the self discipline Carlos has exhibited in the discussions. I respect, too, the professional, courteous elaboration of some of the paid staff &#8220;on the other side&#8221;, ie, several police officers and a few prosecutor lawyers. The interactions have, among other results, shown that sometimes deciding exactly what the law says does not happen easily. (Side trail: I suggest the idea that if not a lawyer one cannot figure out the law makes for monstrously serious unpredictability.)</p>
<p>That is why I think Carlos needs to take money from the personal accounts of the perps that have attacked him. No matter their professionalism, no matter their defense of having to make instant, snap judgements, etc, etc (all of which reduce to some technical legal verbage such as &#8220;acting under color of law&#8221; or similar), they did wrong. I understand (and agree with) the idea that if it becomes too hard for an officer or judge or lawyer to know whether they might suffer personal loss from an error, they will tend to not make hard decisions.  But the perps working over Carlos did wrong they should have recognized. Neither situation photographed allows for another interpretation.</p>
<p>The only way to make those with power honest is to make them personally pay for dishonesty. That&#8217;s the &#8220;send them a message&#8221; bit. Take them for enough money that they will recognize that continuing to defy the Constitution will create a cottage industry where &#8216;pro se&#8217; folks will make a living out of fighting them in courts. That will utterly squash the &#8220;we can outlast you&#8221; tactic behind which so many Constitution defying acts hide.</p>
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		<title>By: Longtime lurker</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18173</link>
		<dc:creator>Longtime lurker</dc:creator>
		<pubDate>Wed, 23 Dec 2009 00:23:03 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18173</guid>
		<description>I admire your resilience and perseverance. I&#039;ve been following your blog since you were arrested and have seen the influence you have. I&#039;ve seen people who were against you eventually agree with you. I&#039;ve seen that happen on more than one occasion. I&#039;ve watched this blog grow from a rarely updated documentation of your case to the national watchdog of first amendment abuses. I think you have found your calling, young man!</description>
		<content:encoded><![CDATA[<p>I admire your resilience and perseverance. I&#8217;ve been following your blog since you were arrested and have seen the influence you have. I&#8217;ve seen people who were against you eventually agree with you. I&#8217;ve seen that happen on more than one occasion. I&#8217;ve watched this blog grow from a rarely updated documentation of your case to the national watchdog of first amendment abuses. I think you have found your calling, young man!</p>
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		<title>By: Michael Kielsky</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18157</link>
		<dc:creator>Michael Kielsky</dc:creator>
		<pubDate>Tue, 22 Dec 2009 17:10:08 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18157</guid>
		<description>Carlos,

You should file a notice for change of judge, or whatever the equivalent is in Florida, which would require a different judge to hear it. In Arizona, you can do that without cause, and it&#039;s automatic, once. You should also be able to request a change of judge for cause, as many times as needed, as long as you can articulate a reason why a judge might be biased or there might be an appearance of bias.

Better yet, see if you can get an attorney to help you, and then file a 42 U.S.C. 1983 suit for the police officers&#039; violations of your civil rights -- they were violating clearly established civil rights, and should have known better. They may be individually liable.</description>
		<content:encoded><![CDATA[<p>Carlos,</p>
<p>You should file a notice for change of judge, or whatever the equivalent is in Florida, which would require a different judge to hear it. In Arizona, you can do that without cause, and it&#8217;s automatic, once. You should also be able to request a change of judge for cause, as many times as needed, as long as you can articulate a reason why a judge might be biased or there might be an appearance of bias.</p>
<p>Better yet, see if you can get an attorney to help you, and then file a 42 U.S.C. 1983 suit for the police officers&#8217; violations of your civil rights &#8212; they were violating clearly established civil rights, and should have known better. They may be individually liable.</p>
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		<title>By: Lawrence J. Smith</title>
		<link>http://carlosmiller.com/2009/12/20/i-won-my-appeal/#comment-18155</link>
		<dc:creator>Lawrence J. Smith</dc:creator>
		<pubDate>Tue, 22 Dec 2009 16:24:36 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9077#comment-18155</guid>
		<description>Congratulations on asserting your rights, and standing up to The Man.  Also, shame on both the Florida press corps, and Bar Association for not championing your cause.</description>
		<content:encoded><![CDATA[<p>Congratulations on asserting your rights, and standing up to The Man.  Also, shame on both the Florida press corps, and Bar Association for not championing your cause.</p>
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