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A Sugestion For Defense Attorney's


peanutbutter

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At the first attempt to introduce the identity of the doctor by anyone in a case the presentation of a document.

 

I don't know exactly how this document would be identified. A "motion" or a "request" or something else.

 

The document would be a request to grant specific immunity from prosecution under Section 6 (h) (4) of the Michigan Medical Marihuana Act in order to comply with the desire of the court to produce the doctor.

 

This immunity would be granted to both the defendant and the attorney representing the defendant.

 

This is a section of law that hasn't been tested in court yet. Granting this request would provide some protection for parties involved in their attempt to please the court.

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This request of the court would be for the defense attorney themselves to be protected by way of immunity from prosecution as there have been zero court cases to yet determine exactly who is forbidden from divulging information.

 

It is possible that at some point in time in the future a court might determine the action to be criminal.

 

Placing the request into the court record could produce a point at which the proceedings should have been halted.

 

In addition, raising the question would tend to get the court thinking about the topic.

 

This is NOT HIPPA.

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  • 3 weeks later...

Here is the reaction by one judge. It seems the judge didn't like the apple cart upset.

 

Thank you for this.

 

My evidentiary hearing for the AD was denied as soon as my attorney requested to submit the Patients' (that I caregive for) information "only under seal" so as not to commit a crime.

 

The Judge literally began screaming at my attorney in Court as soon as this was brought up, he then accused my attorney of interrupting him (not at all true) and just continued screaming...

 

The Judge was totally enraged and inappropriate with bugged-out eyes like a meth addict, it was very disheartening to say the least.

 

We simply wanted to schedule a hearing on the plant numbers since the other two points of the AD were obviously proven.

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