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California federal judge rules against government in 1974-D aluminum cent case
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<p>[QUOTE="V. Kurt Bellman, post: 2123673, member: 71723"]We have, at least at the trial court level. The "owners" lost and the Government won. The only way that CAN change is by a higher court finding an error of LAW or abuse of discretion by the trial court. Appeals courts are not SUPPOSED to second-guess the fact finder, whether judge or jury. Juries especially are given an extreme assumption of correctness. I'm not terribly wild about that idea, but that's the law. Bottom line? It is EXTREMELY unlikely the family will ever possess those 1933 double eagles again. The only remaining tough to call issue is what the Government will do with them - keep them as museum pieces or [gulp!] destroy them. Aside from the obvious security issues, I wouldn't mind seeing all 10 at an ANA show.</p><p><br /></p><p>The burden of proof is not that important in a "preponderance of the evidence" case, like this one. "Clear and convincing" or "beyond a reasonable doubt" standard would be another matter. Preponderance means 50% + 1.</p><p><br /></p><p>Oh, spare me the anti-government screeds, okay? They only make you sound like a moron to me.[/QUOTE]</p><p><br /></p>
[QUOTE="V. Kurt Bellman, post: 2123673, member: 71723"]We have, at least at the trial court level. The "owners" lost and the Government won. The only way that CAN change is by a higher court finding an error of LAW or abuse of discretion by the trial court. Appeals courts are not SUPPOSED to second-guess the fact finder, whether judge or jury. Juries especially are given an extreme assumption of correctness. I'm not terribly wild about that idea, but that's the law. Bottom line? It is EXTREMELY unlikely the family will ever possess those 1933 double eagles again. The only remaining tough to call issue is what the Government will do with them - keep them as museum pieces or [gulp!] destroy them. Aside from the obvious security issues, I wouldn't mind seeing all 10 at an ANA show. The burden of proof is not that important in a "preponderance of the evidence" case, like this one. "Clear and convincing" or "beyond a reasonable doubt" standard would be another matter. Preponderance means 50% + 1. Oh, spare me the anti-government screeds, okay? They only make you sound like a moron to me.[/QUOTE]
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California federal judge rules against government in 1974-D aluminum cent case
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