United States v. Hollis Wayne Fincher

Case News

Writ of Certiorari Submitted
12/21/2008
On Friday, 19 December 2008, a Writ of Certiorari was submitted to the U.S. Supreme Court in the matter of U.S. v. Hollis Wayne Fincher. The Writ asks the Court two fundamental questions:

1. A law-abiding citizen with a lawful purpose is entitled to protection under the Second Amendment of the United States Constitution for possession of specially regulated firearms if a fact finder agrees that the firearms are typically possessed by other law-abiding citizens with similar purposes, and are not dangerous or unusual in the circumstances. District of Columbia v. Heller, ___ U.S ___, 128 S.Ct. 2783 (2008).

2. A law-abiding citizen with a lawful purpose is entitled to the Second Amendment privilege even if he is not a member of a government-sponsored military organization. Id.

We seek answers from the Court on these two specific questions, which if answered in the affirmative, would grant Hollis Wayne Fincher a new trial, with all evidence presented to the jury, for the jury to decide if the arms in question are indeed “reasonably related to the preservation and efficiency of a well-regulated militia.”

We unquestioningly hold that they are, and indeed are essential for an in-depth national defense that consists of regular military, National Guard, State Guard, and volunteer, non-governmental militia open to all members of the community who are not government employed.

The Writ of Certiorari is in Adobe Acrobat (PDF) format and may be downloaded or read here.
In Forma Pauperis Hearing set
11/30/2008
We have a new date for the In Forma Pauperis hearing to determine Wayne's status. This hearing will take place on the 20th of January, 2009 in the John P. Hammerschmidt Federal Building, Fayetteville, Arkansas. The hearing will be conducted by Judge Jimm Larry Hendren. At this time Quentin Rhoades of Montana is scheduled to represent Wayne at the hearing.
Appeal to the Supreme Court
10/09/2008
We must now appeal to the United States Supreme Court for relief. A Writ of Certiorari must be filed and the Court will consider whether to accept the writ and hear the case. We are also asking for support in this endeavor. the situation is more fully given here.
Petition for Rehearing and Rehearing En Banc denied
9/25/2008
The petition for rehearing and rehearing en banc was summarily denied. The 8th Circuit gave no real reason for the denial. You may read the "ruling" here.
Petition for Rehearing and Rehearing En Banc filed
8/27/2008
The petition for rehearing and rehearing en banc were filed today. This petition addresses issues ignored, or totally misread by the Panel at the 8th Circuit. This petition seeks redress of that error by the panel. Failing that, a hearing by the entire circuit bench is requested. This case is significiant in that it addresses the issue of military grade, individually employed arms and their coverage under the Second Amendment.
Decision of the 8th Circuit — Appeal Denied
8/13/2008
The 8th Circuit Court of Appeals issued a decision on several items before it in this case. The conviction was upheld. IFP status was NOT addressed as the Court determined it could not be until Wayne's true financial status is determined. The District Court order for Wayne to repay the Government $8,357.55 for legal services was vacated. The District Court is ordered to conduct a more thorough investigation into Wayne's ability to afford legal counsel.
Motion for Release — Denied
7/24/2008
The Court denied the Petition for Immediate Release without comment.
Motion for Release
7/01/2008
In light of the Heller decision by the U.S. Supreme Court, Wayne filed a Petition for Immediate Release. The Court's decision is pending.
Oral Arguments at the 8th Circuit
3/10/2008
Oral arguments were made in front of a three judge panel at the 8th Circuit. Quentin Rhoades argued for the Appellant, and Wendy Johnson argued for the Appellee. Transcripts are available in both Audio and Print format. Please note the Print format is not "Official" and cannot be used in any legal proceeding.
Update:
2/19/2008
Oral arguments are set for March 10th in St. Louis. Quentin Rhoades will be presenting the argument for Wayne Fincher before the Appellate Court.
Currently, we are short funds to provide for all the necessary expenses for the presentation of the case at the Appellate level. It is necessary that we cover all of Quentin's expenses for his work on this case. We ask that you please support Wayne and your Second Amendment right by sending a donation to the address given on the left.
We would greatly appreciate your assistance.
Update: 12/24/2007
The government's principal brief has now been filed on Wayne's appeal. The brief was filed in response to the appellant brief filed last month.
There are numerous items in this brief which bear scrutiny, as they ignore pertinent facts. Essentially, this brief appears as a Jimm Larry Hendren can do no wrong, fan club apologetic in which honesty and legal principle have no place. This is despite the fact that Wayne overheard Wendy Johnson plainly tell Judge Hendren "No. No, it's not." in response to his statement "This is fraud." when the court accepted the 120 acres as security for the bond for Wayne's release pending self-report.
One would think there would be at least enough honesty for the U.S. Attorney's office to admit to the Appeals court that they disagreed with with Judge Hendren on this item, instead of acting like the record doesn't even exist. Instead, you will find on page 32 of the brief a citiation of a ruling which they claim supports their contention. However, the citiation is one of the rulings which is in contention in this appeal!
It is very hard to respect the offices held by these people when they themselves are the greatest denigrators and disrespectors of their office. Plainly, the U.S. Attorney's office in Ft. Smith and Judge Hendren do more to destroy respect for the law, the Constitution, and their offices than anyone else involved in this case.
Update: 11/11/2007
The principal brief has now been filed on Wayne's appeal. The brief was filed in the 8th Circuit Court of Appeals by Quentin Rhoades of Montana as pro bono counsel.
In Prison
Wayne has now reported to the Federal prison facility in Forrest City, Arkansas. He is in minimum security.
There are issues pending as a result of District Judge Jimm Larry Hendren's investigation into Wayne's financial status. Even though the Federal prosecutor had no problem with Wayne transferring his land to his daughters, the judge decided he did not like that and needed to investigate. The investigation is complete and Hendren has determined that Hollis Wayne Fincher "gamed" the court.
Please note that legal expenses continue to accrue. Your financial support is critical and will be greatly appreciated.
Trial Conclusion
The jury trial of U.S. v. Hollis Wayne Fincher has resolved in favor of the government. However, this issue is not closed and appeals are pending.
On June 22, 2007, District Judge Jimm Larry Hendren sentenced Hollis Wayne Fincher to 6½ years in Federal prison, with 2 years supervised release, a $1000.00 fine, and $100.00 assessment fee for each offense for a total of $200.00.