Tag Archives: lawyers

Local attorney speaks after shooting client in self-defense

capture16He (The Attorney) helped David Scott Smith with some court costs when Smith got out of prison.

“I still believe that regardless of the charges, or their situation, their history, there’s a soul in that body, and they need as much help as I can give them,” Silvernail said.

Silvernail bought Smith a truck, helped him get a job, and even let Smith into his home.

Then, Silvernail says he found out Smith was doing meth, and had a more violent history in prison than he knew.

Once I had a client invite me to go hog hunting.  Ummm, no.  No way was I gonna go out in the woods with a nut-client holding a rifle.  No way Jose.

Other attorneys, sure.  But you know you can’t trust a lawyer… .

Bushmaster/Remington Faces Suit in Connecticut – in Federal Court.



A read, though not very interesting.  More a work of fiction and tragedy.  Here:


The case record:


Now, federal law says sellers have general immunity from lawsuits arising from criminal misuse of firearms.  That law has withstood constitutional scrutiny time and time again.  There are exceptions to the law.   The Plaintiffs don’t fall under any of those exceptions.  Of course, that will be for the Court to decide.

The Plaintiffs are going to argue “negligent entrustment” under the law, that they fall under any exception, and all that.  The case should be dismissed.  But all you need is a liberal federal judge to deny motions for dismissal, allowing the matter to proceed. Then it gets expensive.  Really expensive.  Even if you prevail.

I read that 11 of 13 on the Connecticut Federal Bench are Obama, Clinton, or Carter appointees.  There are magistrates there, but I’m not sure this case will get punted to a magistrate.

One of the Plaintiff’s lawyers explains:


Because on one hand, lots of things that should happen, don’t.

And on the other, it’s a familiar strategy: file the frivolous to bolster attention to the cause and cost your Defendant’s lots of attorney fees.



Government Threatens Volunteers in Ferguson. UPDATED.

UPDATED:  Oath keeper Volunteers Thumb Nose at Ferguson PD:

UntitledUntitled2Nailed it.

Volunteer groups appear in Ferguson, to do what the Mayor and Governor could not, or would not do – provide protection to law-abiding citizens, and those volunteers are threatened by the police.  Under the guise that they are providing security without proper business permits… . .

238AB67800000578-2855736-image-14_1417427633377–  If individuals accept the services – consent to it – and are happy to have it (maybe even get documentation to that effect),

–  No payment is exchanged, and any services are voluntary,

– Open carry is not unlawful in Missouri…. .

Then a good guy with a gun is a deterrent anywhere.

B3v0u5tCIAE-KiD.jpg largeYes, the issue can be more complex than the analysis above – just get a buncha lawyers involved – but the Ferguson PD’s rationale itself is flawed.  It’s none of their business if shop-keepers want to have others maintain a lawful presence in or around their property, or for that matter, if property owners wanted to do it themselves.

Looks kinda like FIL.

Though, if I were a business owner in that situation, I would contract with any security if I could.  With an established company that that has insurance.  That have employees that are vetted and checked out.  Cases have been made for vicarious liability from the acts of trustees or volunteers… .  Damn lawyers.