Flash--Flash-Flash-Flash

This is an old thread, I don't see where their appeal has been resolved. Am I missing something or what?

Grteat New's! I just firedone up, Peace my friends.
Captain Kirk

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relax a little bit better knowing that the judges are starting to see the light!

CONGRATS!

This is an old thread but if you look at the new ones, you'll see "we" won another case today!

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" Bob & Torey "

A Win for the Good Guys ...

TARZAN

Wow, great news is rolling in today. Also, "that one artist" broke the shackles of ignorance today with charges dismissed. I am relived to hear the law is working...

Congrats Bob and Tory and a big thank you to Mr. Abel.

GLAD IT WAS IN YOUR FAVOR

Thanks for keeping up the good fight bob and Torey! Congratulations!! We should all be happy and proud of all the support shown. Not to mention the solidarity of Bob, Torey, Matt, Rob and all others fightin' the good fight.

Bob and Torey and a big round of applause for all who helped with this case.

i wish there was a way for her to appeal it without the need for bob and torey to be there. i'm positive it would go the same way, but i'd love for her to make an even bigger @$$ out of that big mouth of hers.

actually the more she reads about it, the more she'll wish she'd kept that yap shut

If this goes to appeal, Bob and Toris evidence will back them up tremendously. If the appeal happens, I foresee a precedent setting case that will be in our favor.

Thanks victor for the details.

thank you MMMA members for all you do this buds for you

Congrats!!! You have set the bar... let's see them jump over....

than a frustrated fascist wannabe. I have seen Ms. Hand in action. what a piece of work...I am not sure she sleeps...just goes into rest mode

Wow bout time, thats the best news I have heard, since I found out that medical marijuana was going to be legal. Congratulations Bob and Torey!!!!!!!!!!!

is far from certain. While Beth Hand would like to appeal this decision, her superiors at the appeals division will have to make that call.

I spoke with Rob Mullan (Redden's attorney) about a prosecutorial appeal and he told me an appeal in this case will be difficult for the prosecution. They must demonstrate that the judge made a gross error in judgement for an appeal to be granted at this level.

But I hope she does get "a second bite at the apple". It will be a joy watching Rob and Matt mop the floor with her azz again!

for the first time the court's will now see there money slowly dwindle!

congrats on the victory!!

We are all incredibly relieved and happy for Torrey and Bob. Cool

[quote] What is the grounds for appeal? Just wondering.

Congrats Bob and Tori. :-)

* reply
Judge Robert Parker declared Michigan's medical marijuana law as one of the worst pieces of legislation he has even seen "in his life."

I was wondering if he expounded on why he thinks that. Too much protection for the patient? Personal beliefs? Or the language and layout of the Law? [quote]

The grounds for appeal would be Jurisdictional. The Prosecutor wanted the Trial Court to be the decider of the affirmative defense. Last week in Kalamazoo, Karl's case the judge decided it was not in his Jurisdiction, the Judge today said it is and..... he wants to hear what the Doctor has to say, and he is here to testify.

Part of his problem with the Law is Section 8 doesn't say what is 'a reasonable amount ...to insure an uninterrupted supply and the lead Lawyer does not understand that part either. This language change from Registered Patient and Qualifying Patient. And from 2 1/2 oz to...?????
Greg Schmid explains this on his website when he explains that the affirmative defense is stronger than the card. Using the affirmative defense any amount your Doctor Says would fit, if your Doctor would testify to the reasonableness of the amount you have. The Prosecutor even stated that for Dr. Eisenbud that would probably be 50# and that was in her summation.
The lead lawyer kept repeating the same thing over and over and ......
It really was a shame. The Judge had almost all of the information he needed, he just wanted these discrepancies explained. He could even understand why Bob and Torey didn't have their cards at the time even though he did understand the Law went into effect on December the 4th.
The Prosecutor was trying to use section 4 of the law to say they did not qualify for Section 8 until they had the card. She stated that the law is clear and unambiguous, Section 4 trumps all. He explained to her that it is clear in Section 8 that the only reason someone could not assert the affirmative defense is if the Violate Section 7. SHe said the langauge was clear and unambiguous in this matter....and it is, just not to her.
Then the lead Lawyer tried to explain that the Judge could use Section 4 to determine a reasonable amount. The Judge is saying, either we use Section 4 or we don't use section 4. The lead lawyer repeated guideline for section 8 etc.
I felt like a simple question to the Doctor could have avoided all of that, only if Doctor Eisenbud was willing to answer the Question of the amount that would be required to insure an uninterrupted supply for Bob and Torey, they had a total of under 50 grams or less than 2 oz of usable Marijuana and 22- 4" tall plants, they would not have been ready for harvest for at least 4 months. One of the officers had testified that these plants were probably not planted before Bob and Torey had the Qualifying Patient paper work, that had been given on March the 3rd or March 4th, depending on whether you read Bob or Torey's even though they both saw him on the same day. Not sure he would feel qualified to answer the question Paul might have been.
The officer had also testified that all of the evidence they saw in the house showed personal use. No scales, no baggies etc. Locks in place with additional locks for the grow area, it seemed to him like they were trying to comply with the Law.
Law enforcement has given us numbers on how many joints you can get out of a quantity of Marijuana. Bob and Torey could get about 50 joints out of all the Marijuana they had. That would have had to be enough for 4 months. Any reasonable person would concluded that is not enough Medicine for 2 people for 4 months.
The Judge was looking for some direction, what is the intent of the Law? And Matt Abel explained it be reading 2 b the last sentence and stated that is the intent and Bob and Torey are exactly the kind of people that Section 8 is to protect, and there case should be dismissed under the Affirmative Defense.
If you take the time to point out what the Law is designed to do, then all of the rest of it makes sense. And the problem for Prosecutors and Judges is that for years they have Prosecuted folks that they shouldn't have by making these 7411 deals and all of the sudden they are not good deals for those folks that have a Doctors recommendation or can get one even after an arrest. The Doctor would have to say the condition did exist at the time of the arrest in my opinion.
Most of the Laws they see are written by Legislatures that want to control everthing, she even said she did not understand what the Legislature's reason for putting Section 4 and Section 8 in the Law would be.
These 'Ambiguities' in the clear and Unambiguous Law??
The Judge used an example that I thought was a perfect opportunity to explain waht has been happening to the applications for cards. He said, and I am paraphrasing, suppose I go to apply for a drivers license and then I don't get it for three weeks. Can I legally drive before I get it.
Well yes, you can. What? When I go into the Secretary of States office with the Necessary paper work, I am issued a temporary license that day, and I can and do drive on that temporary license until I receive my actual license in the mail. The recommendation for the Medical use of Marijuana is my temporary card sir, it serves as my card until I receive the real one in the mail.
If the MDCH understood the purpose of the law they could have the Doctor execute a temporary permit, have the Patient take that temporary and their application to the Secretary of States Office with their necessary application fees and paper work, have their picture taken, and mail the card the same as we do drivers licenses. Instead they have chosen to drag their feet, the first cards were not issued until they had to issue them, they were not mailed until they had to have them in the mail, and then they sat from Friday until Monday, 2 days past the time they were required to have them in the mail.
And thank you, your honor for giving us that example to explain how easy this should have been.
And it should also be pointed out how reasonable the time limits in the Law are. As Greg explained to them, about all the could do is choose the color of the paper, verify the Doctor made the recommendation, and then issue the card. If the State cared about the welfare and health of their citizens, they could have had this done in thirty days, it ain't rocket science. The law is clear and unambiguous because we had to force the State to accept science over rhetoric. VV

great news, was visiting with greg at the time and was wondering how things went.

side note ...
watch your mailbox's people :)

Appeals do not include additional evidence. The case will be heard by the appeals court to determine whether the law was properly applied, based on the evidence in the first trial. It is a procedural move to a point. Given the newness of the issue, it does make sense the PA would appeal. But the law is clear and the decision will be upheld.

Now this is living. The judge whining that the law is bad. It had to go this way, and a lot of jurisdictions are paying attention. The appeal will meet the same fate.

wow fantastic news and a big re-leaf for Bob and Torrey I'm sure :)

I am so happy for Bob and Torey!

Glad to hear your charges were dismissed!

congrats you two, It sucks you had to go through it, you figure out why it was worth it some day.

Congrats! I knew it would happen.

But did anybody catch the prosecution plans to appeal? WHY! Again, elected officials, OUT.

SPARK IT UP! HJ

The Tsunami is sweeping the nation.

Awesome news - congratulations all around!!!!!!!!!!!!!!!!!!!!!!!

How sweet it is!!!

Congratulations Bob and Torrey. It was real good to meet the both of you. Many good days and good cheer.

Till another day.......Happy Trails

Congrats bob and tori..This is indeed a victory for the patients if the state....Now oyu can kick back and enjoy the fruits....Great Job to the attorneys and Doc E....

OUR THOUGHTS AND PRAYERS ARE WITH YOU.... I WISH WE COULD HAVE BEEN THERE, BUT THE WIFE IS HAVING A FIBRO FLARE AND I COULDNT LEAVE HER!

LEAVE THE PATIENTS ALONE... MAN OUR JUDICIAL SYSTEM IS WACK! THEY THINK THEY ARE GODS. SHAME ON THEM!!!!

BD

Too bad Judge Robert Parker does not know that the Michigan medical marijuana law was not a pieces of legislation.

But all is good. Congrats to Bob and Tory!

Judge Robert Parker declared Michigan's medical marijuana law as one of the worst pieces of legislation he has even seen "in his life."

Too bad, I think it's pretty cool........shredder

Judge Robert Parker declared Michigan's medical marijuana law as one of the worst pieces of legislation he has even seen "in his life."

I was wondering if he expounded on why he thinks that. Too much protection for the patient? Personal beliefs? Or the language and layout of the Law?