Kwikrnu AKA Leonard Embody case shot down

T

Tennessee Gentleman

New member
http://nashvillecitypaper.com/content/city-news/radnor-lake-rambo-sees-state-suit-shot-down-chancery-court

The judge said the "core fundamental right protected by the Second Amendment, being the right to keep firearms for the purpose of defending one’s home." And that was not infringed by seizing his gun.

Embody plans to appeal but I see this as an example of bad lawsuits as Alan Gura has suggested that result in bad decisions.

I find it humorous they call him the Radnor Lake Rambo. Radnor Lake is an suburban park in Nashville TN.
 
Embody plans to appeal but I see this as an example of bad lawsuits as Alan Gura has suggested that result in bad decisions.
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Actually, Gura specifically mentioned Mr. Embody in the amicus brief [pdf] in support of Masciandaro.

I didn't realize his case was still tying up the system. I'm so sorry he's wasting everyone's time up there.
 
Is this the guy who pushed the legal envelope by strolling around with a conspicuously-worn black powder revolver strapped to his waist?

Sadly, the judge blew it. The core right of the 2nd Amendment is not limited to in the home, and neither Heller nor McDonald said the core right was limited to the home.
 
Tennessee Gentleman said:
...but now that is but another precedent on the wrong pile.
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Since this is just a trial court ruling at this point, it's not precedent. But if/when Embody appeals it, we will then have an opportunity for some unfortunate precedent.
 
Embody pushed the envelope when he paraded in a park in dressed in camo while carrying a Draco pistol. The muzzle of the pistol was painted orange so the police would not shoot him.

Numerous folks have butted heads with Emobdy on forums when he tried to dominate conversation with his rants. Embody has been banned from numerous forums for his conduct.

IMO: The court made the right decision.
 
OK. After a bit of research, this was the second of two cases that Embody lost. The first case was Embody v. Ward.

In that case, Mr. Embody appealed his loss to the 6th Circuit. That case just heard oral arguments and now awaits a decision. Here is the CA6 docket. I've highlighted the important filings:

Court of Appeals Docket #: 11-5963
Docketed: 08/16/2011
Nature of Suit: 3440 Civil Rights: Other
Leonard Embody v. Steve Ward
Appeal From: Middle District of Tennessee at Nashville
Fee Status: fee paid

08/16/2011 Open Document 3 pg, 12.4 KB Civil Case Docketed. Notice filed by Appellant Leonard S. Embody. Transcript needed: n. (CB) 08/16/2011 The case manager for this case is: Cheryl Borkowski (CB)

08/16/2011 Open Document 2 pg, 12.32 KB BRIEFING LETTER SENT setting briefing schedule: appellant brief due 09/28/2011;. appellee brief due 10/31/2011; (CB)

08/22/2011 Open Document 1 pg, 74.59 KB APPEARANCE filed for Appellee Steve Ward by Mary M. Bers. Certificate of Service: 08/22/2011. (MMB)

08/22/2011 Open Document 2 pg, 59.26 KB CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Mary M. Bers for Appellee Steve Ward Certificate of Service: 08/22/2011. (MMB)

08/23/2011 Update fee status change to paid. DC receipt # RECEIPT #'s 34675018014 and 34675018015 in the amount of $455.00 posted by Leonard S. Embody re [46] Notice of Appeal. (rd) (CB)

08/30/2011 Open Document 1 pg, 63.71 KB APPEARANCE filed for Appellee Steve Ward by Dawn Jordan. Certificate of Service: 08/30/2011. (DMJ)

09/12/2011 Open Document 3 pg, 25.84 KB ORDER filed to dismiss for want of prosecution. Forms not filed. (CB)

09/12/2011 Open Document 1 pg, 46.25 KB APPEARANCE filed for Appellant Leonard S. Embody by Phillip L. Davidson. Certificate of Service: 09/12/2011. (PLD)

09/12/2011 Open Document 1 pg, 36.55 KB CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Phillip Leon Davidson for Appellant Leonard S. Embody. Certificate of Service:09/12/2011. (PLD)

09/12/2011 Open Document 2 pg, 107.94 KB CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Phillip Leon Davidson for Appellant Leonard S. Embody Certificate of Service: 09/12/2011. (PLD)

09/12/2011 Open Document 2 pg, 109.45 KB TRANSCRIPT ORDER FORM filed by Mr. Phillip Leon Davidson for Leonard S. Embody; Transcript not needed. Certificate of Service: 09/12/2011. (PLD)

09/12/2011 Open Document 3 pg, 44.56 KB MOTION filed by Mr. Phillip Leon Davidson for Leonard S. Embody to reinstate case. Certificate of Service: 09/12/2011. (PLD)

09/13/2011 Open Document 2 pg, 24.89 KB ORDER filed granting motion to reinstate case [4462010-2] filed by Mr. Phillip Leon Davidson. (CB)

09/13/2011 Open Document 5 pg, 18.27 KB BRIEFING LETTER SENT setting briefing schedule: appellant brief due 10/26/2011;. appellee brief due 11/28/2011; (CB)

10/20/2011 Open Document 19 pg, 138.71 KB APPELLANT BRIEF filed by Mr. Phillip Leon Davidson for Leonard S. Embody. Certificate of Service:10/20/2011. Argument Request: requested. (PLD)

11/12/2011 Open Restricted Document 0 pg, 0 KB LETTER filed by Mr. Phillip Leon Davidson for Leonard S. Embody regarding. Certificate of Service: 11/12/2011.(COUNSEL ADVISED TO REFILE USING CORRECT ENTRY)--[Edited 11/14/2011 by CB] (PLD)

11/14/2011 Open Document 2 pg, 1.03 MB ADDITIONAL CITATION filed by Mr. Phillip Leon Davidson for Leonard S. Embody. Certificate of Service: 11/14/2011. (PLD)

11/28/2011 Open Document 38 pg, 163.55 KB APPELLEE BRIEF filed by Ms. Mary M. Bers for Steve Ward. Certificate of Service:11/28/2011. Argument Request: waived. (MMB)

11/28/2011 CD FILED: Record Entry # 21 (4 copies), Audio CD by Steve Ward by Ms. Mary M. Bers for Steve Ward. Certificate of Service: 11/28/2011. --[Edited 12/05/2011 by CB] (CB)

11/29/2011 Open Document 7 pg, 251.7 KB CORRESPONDENCE: Letter that accompanied cd that was filed with court R. 21 by Ms. Mary M. Bers for Steve Ward. (CB)

12/05/2011 Open Document 1 pg, 35.17 KB APPEARANCE filed for Amici Curiae Calguns Foundation Inc. and Second Amendment Foundation Inc. by Alan Gura. Certificate of Service: 12/05/2011. (AG)

12/05/2011 Open Document 2 pg, 85.37 KB CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Alan Gura for Amici Curiae Second Amendment Foundation Inc. and Calguns Foundation Inc. Certificate of Service: 12/05/2011. (AG)

12/05/2011 Open Document 43 pg, 389.7 KB AMICUS BRIEF filed by Mr. Alan Gura for Second Amendment Foundation Inc. and Calguns Foundation Inc.. Certificate of Service:12/05/2011. (CONSENT OF PARTIES FOR THIS AMICUS TO FILE ON PAGE 2 OF BRIEF)--[Edited 04/11/2012 by CB] (AG)

12/08/2011 Open Document 9 pg, 80.71 KB REPLY BRIEF filed by Attorney Mr. Phillip Leon Davidson for Appellant Leonard S. Embody. Certificate of Service:12/08/2011. (PLD)

12/19/2011 Open Document 5 pg, 35.18 KB MOTION to file AMICUS BRIEF filed by Jessica L. Ellsworth for The Brady Center To Prevent Gun Violence. Certificate of Service: 12/19/2011. (JLE)

12/20/2011 Open Document 1 pg, 28.45 KB APPEARANCE filed for Amicus Curiae The Brady Center To Prevent Gun Violence by Jessica L. Ellsworth. Certificate of Service: 12/19/2011. (JLE)

12/20/2011 Open Document 2 pg, 39.88 KB CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Jessica Lynn Ellsworth for Amicus Curiae The Brady Center To Prevent Gun Violence Certificate of Service: 12/19/2011. (JLE)

12/20/2011 Open Document 39 pg, 141.86 KB AMICUS BRIEF filed by Ms. Jessica Lynn Ellsworth for The Brady Center To Prevent Gun Violence. Certificate of Service:12/19/2011. (JLE)

04/12/2012 Open Document 3 pg, 25.41 KB ORDER filed granting motion of The Brady Center To Prevent Gun Violence to file amicus an brief [4520620-2]. Entered by order of the court. (CB)

05/03/2012 Open Document 2 pg, 13.37 KB Oral argument date set for 9:00 a.m. Wednesday, July 18, 2012. Notice of argument sent to counsel on 05/03/2012. (TB)

06/04/2012 Open Document 1 pg, 67.88 KB Oral argument acknowledgement filed by Attorney Ms. Mary M. Bers for Appellee Steve Ward. Certificate of Service: 06/04/2012. (MMB)

06/05/2012 Open Document 1 pg, 40.54 KB Oral argument acknowledgement filed by Attorney Mr. Phillip Leon Davidson for Appellant Leonard S. Embody. Certificate of Service: 06/05/2012. (PLD)

07/09/2012 Open Document 2 pg, 82.01 KB ADDITIONAL CITATION filed by Mr. Alan Gura for Second Amendment Foundation Inc. and Calguns Foundation Inc.. Certificate of Service: 07/09/2012. (AG)

07/18/2012 CAUSE ARGUED by Mr. Phillip Leon Davidson for Appellant Leonard S. Embody and Ms. Mary M. Bers for Appellee Steve Ward before Sutton,Circuit Judge; Griffin,Circuit Judge and Dowd,U.S. District Judge. (KSC)
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Notice that the SAF and CGF filed an amicus brief? This was done to offset any damage that might arise from Embody's appeal. We all know that Alan Gura has better things to do, than try to minimize the damage that this might bring us.

These filings are currently hosted by Gene Hoffman, Chairman, Calguns Foundation. To retrieve them (if you are interested - I'm not), go here.

So while Embody has lost his current foray into Federal District Court, it is hardly over yet. Remember, he plans to appeal this case also (thus creating more work for the SAF and Alan Gura)!
 
I'll bet Gura is holding his nose while he tries to control the potential damage caused by Embody.

From one of the footnotes in his Masciandaro brief:

At his deposition, Embody could not recall whether he posted, on the internet, “I can’t wait for a cop to arrest me because I open-carried a handgun and someone called 9-1-1. It almost happened twice, but no cigar yet. Maybe carrying a PLR-16 or AK pistol will change that.” Deposition of Leonard Embody, Oct. 14, 2010, at p. 52, l. 3-8
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Can't you just imagine how much this piece of information would motivate a judge to bend over backwards to uphold Embody's claim? :rolleyes:

To my thinking the two greatest potential impediments to 2nd Amendment gains in appellate courts are (1) Activists (I can't bring myself to include the term "well-meaning" in Mr. Embody's case) who unabashedly provoke confrontation to generate a lawsuit, and (2) Defense attorneys who throw in 2nd Amendment defenses for criminal defendants in drug and/or weapons trafficking cases. :mad:
 
To my thinking the two greatest potential impediments to 2nd Amendment gains in appellate courts are (1) Activists (I can't bring myself to include the term "well-meaning" in Mr. Embody's case) who unabashedly provoke confrontation to generate a lawsuit, and (2) Defense attorneys who throw in 2nd Amendment defenses for criminal defendants in drug and/or weapons trafficking cases.
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But the criminal defense attorneys at least have an ethical obligation to make non-frivolous arguments to benefit their clients. I'm a firm believer in the old adage, "bad facts make bad law."
 
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