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Member since: Thu May 16, 2013, 06:00 PM
Number of posts: 147

About Me

Former police officer, current law student with a blog at excoplawstudent.wordpress.com

Journal Archives

Recall Petitions for Colorado Senate President John Morse and Angela Giron Deemed Sufficient

The Colorado Secretary of State rejected the challenges of both Morse and Giron. The certification will be forwarded to the Governor to set the date for the recall election.


Morse has gone to court to seek an injunction to prevent the people from expressing their will by holding the election.


Deputy Secretary of State Suzanne Staiert said in both decisions that recall elections are "a fundamental right."

The recall efforts are due to the senators support of gun control legislation.

Posted by ExCop-LawStudent | Wed Jul 10, 2013, 10:31 PM (30 replies)

Ohio School District Approves Teachers Carrying Guns

The school board said that they had to get rid of gun free zones in order to protect the children.

One school employee is already qualified.

It's good to see more and more jurisdictions take action to protect our children, instead of leaving them defenseless.
Posted by ExCop-LawStudent | Wed Jul 10, 2013, 03:42 PM (19 replies)

Illinois: Phelps files to override Quinn's amendatory veto of concealed carry bill.

Rep. Phelps (D-Harrisberg) filed to override the Governor's amendatory veto.

If the override passes, Gov. Quinn looks like an idiot, and the bill becomes law without his changes.

If the override fails, the bill does not become law, Illinois gets open and concealed carry without a permit (the so-called Constitutional Carry), and Gov. Quinn looks like an idiot.

“We’re just going to make him irrelevant again,” Phelps said. “For the life of me, I don’t know why he would want to be irrelevant.”

Posted by ExCop-LawStudent | Tue Jul 2, 2013, 03:22 PM (72 replies)

Reposting my answer to another thread - the mother concealed the adoption from him

First, for consent to terminate rights of an Indian parent, the rights have to be terminated in the presence of a judge who must certify that the parent is aware of the consequences of the action. The SC courts held that it was undisputed that the father did not intend to terminate his parental rights.

Second, the birth mother cut off communications with the father and did not inform him of the birth, nor of her intent to place the child up for adoption. The father had wanted to move up their wedding date and get married. The birth mother also did not respond to the child's Indian grandmother who had money for her and handmade gifts for the child.

Third, both the birth mother and the adoptive parents tried to evade the law by providing an incorrect name and date of birth to the tribe, which must be notified under the ICWA. The birth mother stated that she did not want the tribe involved, contrary to the ICWA requirements.

Fourth, the birth mother misled the state by intentionally omitting the child's Indian heritage before the child was taken from Oklahoma. Oklahoma authorities make sure that a tribe is properly notified of any such removals. The birth mother said that telling the truth would just complicate the adoption.

Fifth, the adoptive parents intentionally waited to serve the father until just days before he was to be deployed with his Army unit to Iraq. The adoptive parents had been made aware of the ICWA, and according to the SC courts, had ignored the law.

Sixth, on being informed of the potential adoption, the father immediately sought to prevent it, filing legal challenges eight days after being informed.

Seventh, this is not a "race-based" law, it is a citizenship based law. Each tribe has the right to determine its own standards for citizenship, and the Cherokee Nation bases it on direct descent from a member on the Dawes Roll. Other tribes have a "blood quantum" requirement, from 1/2 (Mississippi Choctaw, White Mountain Apache), to 1/4 (Kiowa, Blackfeet, Hopi), to 1/8 (Comanche, Ft Sill Apache), to 1/16 (Caddo, NC Cherokee), to lineal descent (Cherokee Nation, Osage, Seminole, Shawnee). This is no different than if a child with American citizenship but only 3/256 American blood was being adopted against her American parent's will in a foreign country. You see, U.S. citizenship is also based on descent if born outside of the U.S.
Posted by ExCop-LawStudent | Wed Jun 26, 2013, 05:14 PM (3 replies)
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