Author Topic: Question about denial  (Read 22654 times)

rikwick

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Re: Question about denial
« Reply #60 on: May 19, 2016, 09:45:23 AM »
Glad to hear everything worked out!! Congratulations!!

The only time that I have seen that a lawyer was able to help someone go through the appeals process was when someone was denied because of a prior felony conviction.  The lawyer was able to show that the felony was wrong, and in fact the conviction was a misdemeanor.   In this case here Falconguy64 had an "incident" nearly 10 yrs ago but since then had been treated and had never had any problems since.  Resident Judge Cooch is usually the judge who handles appeals, however Judge Cooch was out that day, and the appeal fell to Judge Wallace.  Judge Wallace did ask for any type of letter from Falconguy64 stating from a doctor that he has been treated and all is well with him.  No doubt Judge Wallace was impressed due to how well Falconguy64 represented himself and deferred his decision until he spoke to Judge Cooch.  In the meantime he asked that Falconguy64 try to obtain a letter from his doctor that treated him through his rough time (this is the advise I gave to him).   I'm thinking since Falconguy64 won his appeal, Judge Cooch must have given the green light without the letter?   

My experience shows me that if there is question regarding someone's application, the Attorney General will deny the application, which is basically deferring the case to the appeals process and therefor letting the judge handle it.   At that time a huge % of the decision comes from how well the applicant represents him/herself.  Any kind of violent record, multiple dui's, a dui conviction within 3yrs, drug conviction etc. don't even bother appealing.  It does not matter how well you represent yourself, you will be denied.

He123321

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Re: Question about denial
« Reply #61 on: May 19, 2016, 10:51:35 PM »
  Any kind of violent record, multiple dui's, a dui conviction within 3yrs, drug conviction etc. don't even bother appealing.  It does not matter how well you represent yourself, you will be denied.

I guess it will be a no go for a buddy of mine then. He plead guilty to a 1st degree assault (only charge ever) charge over 20 years ago, but received a pardon last year. His civil rights were reinstated, and he now open carries. He tried to get his CCW permit, but was denied. He skipped the appeal because he wants the help of an attorney. I guess I will have to pass on this info to him.
I'm a great individual to meet...

rikwick

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Re: Question about denial
« Reply #62 on: May 20, 2016, 09:55:01 AM »
Everybody's situation is different, so there can always be an exception to the rule.  However I have never seen an appeal won with any kind of violent record.  If we lived in a shall issue state I'd say the pardon would help him, but since this is a may issue state I am not sure the pardon plays any beneficial part in the judges decision.   With that said, I have been surprised a couple of times.  One guy "lied" on his application about having a dui conviction (Have you ever been convicted of any alcohol related offenses?) turns out he had one in PA years ago.   The judge was going to deny him on that alone, however all 5 of his references wrote comments about how wonderful the guy was and since doing that was so unusual the guy was approved.  BTW, when asked why he "lied" his response was he thought the question  only applied in Delaware, a response the judge did not accept.