Militia Commander Fires Lawyer

Last updated Friday, March 9, 2007 8:34 PM CST in News

By Dan Craft
The Morning News

    FAYETTEVILLE -- A Black Oak man can fire his lawyer, but will have to take whatever defense attorney the court appoints, a federal judge ruled Friday.

    Hollis Wayne Fincher, 60, was convicted in January of possessing illegal, unregistered weapons, including machine guns and a sawed-off shotgun. A sentencing date has not been set.

    Fincher asked U.S. District Judge Jimm Larry Hendren to appoint David Dunagin of Fort Smith as his attorney. Fincher fired Oscar Stilley of Fort Smith, who defended Fincher during his trial, citing irreconcilable differences between the two.

    Stilley and Fincher may still see each other, however, in the Sebastian County Jail. Fincher has been held in the jail since his November arrest, while Stilley is completing a 30-day work-release sentence for failing to pay sanctions to defendants in a suit Stilley filed against them that was ultimately dismissed.

    Dunagin was appointed by the court to represent Fincher following his arrest, but released when Fincher hired Stilley.

    "We don't normally appoint an attorney of the defendant's choosing," Hendren said. "Usually, it's simply the next one on the panel."

    "Mr. Dunagin is the only other attorney I know, sir," Fincher responded.

    Hendren recessed court and contacted Dunagin, who declined to represent Fincher, Hendren said.

    Fincher will be appointed a lawyer from the court's list of qualified attorneys, Hendren said.

    The public defender's wing of the U.S. attorney's office normally represents indigent defendants, but recused from Fincher's case because of a conflict of interest, Hendren said.

    Fincher faces up to 20 years in federal prison.

    Reader Comments (11 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    To Fincher Family wrote on Mar 9, 2007 10:03 PM:

    " It appears that Don Bright has turned against the Fincher Family, "

    I Don't Think Anyone Cares wrote on Mar 10, 2007 10:16 AM:

    " Several months ago when this issue was a hot topic, this blog was filled with comments. Now no one cares about it anymore. I wonder what the "irreconcilable differences" were. Perhaps Wayne didn't like getting told by his lawyer his case for appeal is not good and he's going to spend some time in prison. It's funny his own lawyer is in jail now too. All you have to do is search the internet on Stilley's name and you'll see all the stuff he's been into. And how has Don Bright turned against Wayne? Haven't heard about that...do tell. "

    According to the Courts own rulings they never had a case against Mr. Fincher wrote on Mar 10, 2007 2:03 PM:

    " “The plaintiff must show that he himself is injured by the challenged action of the defendant. The injury may be indirect, see United States v. SCRAP, 412 U.S. 669, 688, 93 S.Ct. 2405, 2416, 37 L.Ed.2d 254 (1973), but the complaint must indicate that the injury is indeed fairly traceable to the defendant’s acts or omissions. Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26, 41-42, 96 S.Ct. 1917, 1925-1926, 48 L.Ed.2d 450 (1976); O’Shea v. Littelton, 414 U.S. 488, 498, 94 S.Ct. 669, 677, 38 L.Ed2d 674 (1974); Linda R. S. v. Richard D., 410 U.S. 614, 617, 93 S.Ct. 1146, 1148, 35 L.Ed.2d 536 (1973).” Vil. of Arlington Hts. v. Metro Housing Dev., 429 U.S. 252, 262. “Component parts of every crime are the occurrence of a specific kind of injury or loss, somebody’s criminality as source of the loss, and the accused’s identity as the doer of the crime; the first two elements are what constitutes the concept of “corpus delecti.” U.S. v. Shunk, 881 F.2d 917, 919 C.A. 10 (Utah). "Most American courts take the view that the phrase "corpus delecti" includes first, the fact of an injury or a loss and secondly, the fact of somebody's criminality (in contrast e.g. to accident) as the cause of the injury or loss." United States. v. Echeles, 222 F.2d 144, 155 (C.A. 10th Cir Ill.). "

    More on ''corpus delecti'' wrote on Mar 10, 2007 2:07 PM:

    " "On the contrary, we share the view most American courts that the phrase "corpus delecti"includes but two elements: first, the fact of an injury or loss; and secondly, the fact of somebody's criminality as the cause of the injury or loss." French v. United States, 232 F.2d 736 738, (C.A. 5th Cir. La.). "To paraphrase one of the leading cases: 'Most American courts take the view that the phrase "corpus delecti" includes first, the fact of an injury or a loss and secondly, the fact of somebody's criminality (in contrast e.g. to accident) as the cause of the injury or loss...' Manning v. United States, 10 Cir., 215 F.2d 945, at page 947; United States v. Echeles, 7 Cir., 1955, 222 F.2d 144; United States v. Di Orio, 3 Cir., 1940, 150 F.2d 938; George v. United States, 1942, 75 U.S.App.D.C. 197, 125 F.2d 559, 563; United States v. Markman, 2 Cir., 1952, 193 F.2d 574, 576." Sandez v. United States, 239 F.2d 239, 244 (C.A. 9th Cir. Calif.). "

    ''corpus delecti'' wrote on Mar 10, 2007 2:37 PM:

    " Standing is the same wherever you go, the important elements are (1) the violation of a right; and (2) injury. The only "authority" one should need is to look at the Declaration of Independence for the only reason for the establishment of an American government: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..." "

    Judge Jimm Hendren and Wendy Johnson Railroaded Hollis Wayne Fincher ''Free Wayne'' wrote on Mar 10, 2007 3:06 PM:

    " free, a.; {ME. free, freo; AS. freo, frio, frig, free.} 1. (a) not under the control of some other person or some arbitrary power; able to act or think without compulsion or arbitrary restriction; having liberty; independent; (b) characterized by or resulting from liberty. 2. (a) having, or existing under a government that does not impose arbitrary restrictions on the right to speak, assemble, petition, vote, etc.; having political liberty; as a free people; (b) not under control of a foreign government. 3. able to move in any direction; not held, as in chains, etc.; not kept from motion; loose. 4. not held or confined by a court, the police, etc.; acquitted. 5. not held or burdened by obligations, debts, discomforts, etc.; unhindered; unhampered. 6. not confined to the usual rules or patterns; not limited by convention or tradition...... - Webster's New Twentieth Century Dictionary 2nd Ed. (1983) "

    Legal Land wrote on Mar 10, 2007 6:28 PM:

    " “Component parts of every crime are the occurrence of a specific kind of injury or loss, somebody’s criminality as source of the loss, and the accused’s identity as the doer of the crime; the first two elements are what constitutes the concept of “corpus delecti.” every. All of a collection or aggregate number..." Ballentine's Law Dictionary, page 423. "EVERY. Each one of all..." Black's Law Dictionary, 4th Ed., page 655. The Cambridge online dictionary also defines "every" as "all". I think that settles it, honest people will agree "every" means "all". Just for fun though, go ask your attorney friends to explain why "In every criminal trial" does not mean "In every criminal trial". Welcome to legal land, the fantasy world attorneys, bureaucrats and politicians live in. In legal land, such principals and legal requirements do not apply when they get in the way of a bureaucrat stealing your time, money and energy. It's all public relations so men and women incapable of offering their services on a voluntary basis (government) can continue cageing killing and stealing under the guise of "protecting" their victims. "

    A political prisoner wrote on Mar 11, 2007 8:22 AM:

    " A political prisoner is someone held in prison or otherwise detained, perhaps under house arrest, because their ideas or image are deemed by a government to either challenge or threaten the authority of the state. It may be a prisoner of conscience, deprived of freedom of speech. In many cases, political prisoners are imprisoned with no legal veneer directly through extrajudicial processes. However, it also happens that political prisoners are arrested and tried with a veneer of legality, where false criminal charges, manufactured evidence, and unfair trials are used to disguise the fact that an individual is a political prisoner. This is common in situations which may otherwise be decried nationally and internationally as a human rights violation and suppression of a political dissident. A political prisoner can also be someone that has been denied bail unfairly, denied parole when it would reasonably have been given to a prisoner charged with a comparable crime, or special powers may be invoked by the judiciary. Particularly in this latter situation, whether an individual is regarded as a political prisoner may depend upon subjective political perspective or interpretation of the evidence. "

    Sooo wrote on Mar 11, 2007 8:38 AM:

    " Did this man use those weapons against anyone ? Where`s the severity of the crime ? The law enforcement would do much better if they was chasing off illegals. "

    Prison population statistics wrote on Mar 11, 2007 8:54 AM:

    " Prison population statistics As of 2006, it is estimated that at least nine million people are currently imprisoned worldwide. [2] It is believed that this number is likely to be much higher, in view of general under-reporting and a lack of data from various countries, especially authoritarian regimes. Since the beginning of the 1990s, the prison population in most countries has increased significantly [citation needed]. In absolute terms, the United States currently has the largest inmate population in the world, with more than 2 million [3] in prison and jails even though violent crime and property crime have been declining since the 1990s according to the Bureau of Justice Statistics. [4] In 2002, both Russia and China also had prison populations in excess of 1 million [2] [5]. "

    Because they Can wrote on Mar 11, 2007 9:35 AM:

    " Pray tell, my brother, Why do politicians kill and make war? Is it for glory; for things, for beliefs, for hatred, for power? Yes, but more, because they can. "


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