Prosecutorial Misconduct.

[peanutbutter]

Prosecutorial misconduct.

Or is this abuse of prosecutor discretion?

 

The defendant has a serious medical condition.

He has a hole in his belly to empty the bag.

He has been prescribed morphine numerous times for his medical condition.

The defendant missed his prelim exam because he was in the hospital for his serious medical condition.

 

The defendant now has his MDCH issued ID card.

 

Before he obtained his ID card, he was found to have less than a gram of marijuana on his person.

This discovery took place at a privet residence.

 

The only issue left to resolve is did the defendant have the ID card before arrest.

 

This is about as blatant of an abuse of a patient, via an unjust harassment by the court, that could ever be found.

 

What is the procedure and where can I file a complaint about this abuse of a patient by the system?

[bobandtorey]

this guy is from Monro i think i heard you talk about him on the Radio Wednesday he had less then 1/2 Gram i think

How Sad does he have a Lawyer if he does i would like his # i will call him we all need to call him Archie had a bad Lawyer also the State has everyone scared is what i think

[bobandtorey]

Prosecutorial misconduct.

Or is this abuse of prosecutor discretion?

 

The defendant has a serious medical condition.

He has a hole in his belly to empty the bag.

He has been prescribed morphine numerous times for his medical condition.

The defendant missed his prelim exam because he was in the hospital for his serious medical condition.

 

The defendant now has his MDCH issued ID card.

 

Before he obtained his ID card, he was found to have less than a gram of marijuana on his person.

This discovery took place at a privet residence.

 

The only issue left to resolve is did the defendant have the ID card before arrest.

 

This is about as blatant of an abuse of a patient, via an unjust harassment by the court, that could ever be found.

 

What is the procedure and where can I file a complaint about this abuse of a patient by the system?

 

does he have a court date yet? i would like to go and support him as much as i can

[peanutbutter]

does he have a court date yet? i would like to go and support him as much as i can

 

Yes Monroe.

 

His preliminary hearing was today. He was bound over.

 

He went into the hearing after meeting with the PA.

He showed the PA his medical records and ID card in the meeting. The PA took it into court anyway.

[thanks2]

If a professional violates the rules of conduct they are subject to review by the attorney grievance commission.

 

Michigan Rules of Professional Conduct

http://www.michbar.org/generalinfo/pdfs/mrpc.pdf

 

Rule 3.8 Special Responsibilities of a Prosecutor.

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is

not supported by probable cause;

(b) make reasonable efforts to assure that the accused has been advised

of the right to, and the procedure for obtaining, counsel and has

been given reasonable opportunity to obtain counsel;

© not seek to obtain from an unrepresented accused a waiver of

important pretrial rights, such as the right to a preliminary hearing;

(d) make timely disclosure to the defense of all evidence or information

known to the prosecutor that tends to negate the guilt of the accused

or mitigates the degree of the offense, and, in connection with sentencing,

disclose to the defense and to the tribunal all unprivileged mitigating

information known to the prosecutor, except when the prosecutor is

relieved of this responsibility by a protective order of the tribunal; and

(e) exercise reasonable care to prevent investigators, law enforcement

personnel, employees, or other persons assisting or associated with

the prosecutor in a criminal case from making an extrajudicial statement

that the prosecutor would be prohibited from making under Rule 3.6.

 

 

A prosecutor has the responsibility of a minister of justice and not simply

that of an advocate. This responsibility carries with it specific obligations

to see that the defendant is accorded procedural justice and that

guilt is decided upon the basis of sufficient evidence. Precisely how far the

prosecutor is required to go in this direction is a matter of debate. Cf. Rule

3.3(d), governing ex parte proceedings, among which grand jury proceedings

are included. Applicable law may require other measures by the prosecutor,

and knowing disregard of those obligations or a systematic abuse of

prosecutorial discretion could constitute a violation of Rule 8.4.

 

Rule 8.4 Misconduct.

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct,

knowingly assist or induce another to do so, or do so through the acts

of another;

(b) engage in conduct involving dishonesty, fraud, deceit, misrepresentation,

or violation of the criminal law, where such conduct reflects adversely

on the lawyer’s honesty, trustworthiness, or fitness as a lawyer;

© engage in conduct that is prejudicial to the administration of justice;

(d) state or imply an ability to influence improperly a government

agency or official; or

(e) knowingly assist a judge or judicial officer in conduct that is a

violation of the Code of Judicial Conduct or other law.

 

Many kinds of illegal conduct reflect adversely on fitness to practice

law, such as offenses involving fraud and the offense of wilful failure to

file an income tax return. However, some kinds of offenses carry no such

implication. Traditionally, the distinction was drawn in terms of offenses

involving “moral turpitude.” That concept can be construed to include

offenses concerning some matters of personal morality, such as adultery

and comparable offenses, that have no specific connection to fitness for

the practice of law. Although a lawyer is personally answerable to theentire criminal law, a lawyer should be professionally answerable only

for offenses that indicate lack of those characteristics relevant to law

practice. Offenses involving violence, dishonesty, breach of trust, or serious

interference with the administration of justice are in that category. A

pattern of repeated offenses, even ones of minor significance when considered

separately, can indicate indifference to legal obligation.

A lawyer may refuse to comply with an obligation imposed by law

upon a good-faith belief that no valid obligation exists. The provisions

of Rule 1.2© concerning a good-faith challenge to the validity, scope,

meaning, or application of the law apply to challenges of legal regulation

of the practice of law. See also Rule. 3.4©.

Lawyers holding public office assume legal responsibilities going

beyond those of other citizens. A lawyer’s abuse of public office can

suggest an inability to fulfill the professional role of attorney. The same

is true of abuse of positions of private trust such as trustee, executor, administrator,

guardian, agent, and such as officer, director, or manager

of a corporation or other organization.

[bobandtorey]

Yes Monroe.

 

His preliminary hearing was today. He was bound over.

 

He went into the hearing after meeting with the PA.

He showed the PA his medical records and ID card in the meeting. The PA took it into court anyway.

 

Sad ths why we need to know be for so that we can show support at the preliminary if we can stop it their is what we want

[peanutbutter]

Could someone assemble a properly formatted complaint please?

[thanks2]

Could someone assemble a properly formatted complaint please?

How to File a Request for Investigation

 

Anyone may file a Request for Investigation against an attorney licensed by the State Bar of Michigan, or otherwise permitted by a court to practice in the state, by completing and signing the AGC’s Request for Investigation form or by sending in a signed letter. THE FORM OR LETTER MUST BE SIGNED AND SUFFICIENTLY DESCRIBE THE ALLEGED MISCONDUCT (INCLUDING APPROXIMATE TIME AND PLACE). The Request for Investigation may include copies of any relevant documents or transcripts. A Request for Investigation must contain an original signature therefore, Requests for Investigation are not accepted electronically or by facsimile.

 

A copy of the Request for Investigation form can be requested by calling the AGC at (313) 961-6585, or can be downloaded by clicking here. Requests for Investigation and any accompanying documents can be sent to:

 

Michigan Attorney Grievance Commission

243 W. Congress, Ste. 256

Detroit, MI 48226

 

The Grievance Administrator may also institute an investigation on his own based upon knowledge gained from other ways, such as news articles, court opinions, or information received in the course of a disciplinary investigation.

 

http://www.agcmi.com/pages/RequestInvestigation.html

 

Form to fill out

http://www.agcmi.com/pages/AGCRIFormOct2010.pdf

[lawyercaregiver]

IMHO this is not prosecutorial misconduct nor an abuse of prosecutorial discretion.

 

Poor judgment is not misconduct. That is, even if a case should NOT be pursued because it is stupid, ridiculous or unreasonable, or a waste of tax dollars etc this is not misconduct- UNLESS the case is being pursued when the prosecutor knows or should know the prosecution is not supported by probable cause to believe a crime was committed and probable cause to believe the charged person committed the crime.

 

 

Here this guy was busted, and did not have his card- yet. Perhaps he can test section 8 (medical use section arguably for cases not tied into the MDCH registry system) of the MMMA and this certainly seems like a good test case. Except of course the $10,000.00 he would have to pay an appellate team to take this up the chain is probably less than the $500.00 fine and 6 months probation under advisement and dismissed (Yes, yes it could be more or less, or nothing depending on the court).

 

However, name calling and unreasonable posturing makes us into zealots and does not help the cause. This prosecutor may be mostly on our side but just doesn't believe non-patients are protected even if they have a medical need (yes, yes, he is probably a jerk-off anti-drug zealot whose momma laced his bottle with hash oil and never recovered).

[DenturesLost]

Yes Monroe.

 

His preliminary hearing was today. He was bound over.

 

He went into the hearing after meeting with the PA.

He showed the PA his medical records and ID card in the meeting. The PA took it into court anyway.

How was it bound over then?

You want to file a complaint against the prosecutor for prosecuting a case where a judge found probable cause that a crime was committed and probable cause that the defendant committed it? Good luck with that.

[DenturesLost]

IMHO this is not prosecutorial misconduct nor an abuse of prosecutorial discretion.

 

Poor judgment is not misconduct. That is, even if a case should NOT be pursued because it is stupid, ridiculous or unreasonable, or a waste of tax dollars etc this is not misconduct- UNLESS the case is being pursued when the prosecutor knows or should know the prosecution is not supported by probable cause to believe a crime was committed and probable cause to believe the charged person committed the crime.

 

 

Here this guy was busted, and did not have his card- yet. Perhaps he can test section 8 (medical use section arguably for cases not tied into the MDCH registry system) of the MMMA and this certainly seems like a good test case. Except of course the $10,000.00 he would have to pay an appellate team to take this up the chain is probably less than the $500.00 fine and 6 months probation under advisement and dismissed (Yes, yes it could be more or less, or nothing depending on the court).

 

However, name calling and unreasonable posturing makes us into zealots and does not help the cause. This prosecutor may be mostly on our side but just doesn't believe non-patients are protected even if they have a medical need (yes, yes, he is probably a jerk-off anti-drug zealot whose momma laced his bottle with hash oil and never recovered).

 

What he said. Especially the part about zealots...

[thanks2]

He may be able to file an interlocutory appeal. Lawyercargiver, what do you think?

[peanutbutter]

I wasn't asking for anyone to tell me where I'm wrong.

 

I'm asking for someone to help me out to make sure that the complaint is properly formatted.

 

It is obvious that this patient isn't some faker. He has a very real medical condition that can be shown by simply lifting his shirt.

 

The state has issued an ID card to him.

 

It is horrendously abusive to continue against him. Stress aggravates his condition.

 

To continue against him causes physical harm to an obviously innocent person.

 

He is not supposed to be subject to prosecution.

[DenturesLost]

I wasn't asking for anyone to tell me where I'm wrong.

 

I'm asking for someone to help me out to make sure that the complaint is properly formatted.

 

It is obvious that this patient isn't some faker. He has a very real medical condition that can be shown by simply lifting his shirt.

 

The state has issued an ID card to him.

 

It is horrendously abusive to continue against him. Stress aggravates his condition.

 

To continue against him causes physical harm to an obviously innocent person.

 

He is not supposed to be subject to prosecution.

Then I would suggest going about it in a more effective manner such as informing the pt himself so that his attorney can become more well-informed. The attorney grievance commission is going to read your complaint and laugh at it when they get to the part where they realize the case was bound over.

[peanutbutter]

Then I would suggest going about it in a more effective manner such as informing the pt himself so that his attorney can become more well-informed. The attorney grievance commission is going to read your complaint and laugh at it when they get to the part where they realize the case was bound over.

 

The information was not presented to the judge, as far as I know.

 

The PA was aware of the full set of information and decided to proceed.

 

Very limited information was then presented to the judge.

 

Any common sense person would view this as an abuse of power against an innocent person.

[peanutbutter]

How to File a Request for Investigation

 

Anyone may file a Request for Investigation against an attorney licensed by the State Bar of Michigan, or otherwise permitted by a court to practice in the state, by completing and signing the AGC’s Request for Investigation form or by sending in a signed letter. THE FORM OR LETTER MUST BE SIGNED AND SUFFICIENTLY DESCRIBE THE ALLEGED MISCONDUCT (INCLUDING APPROXIMATE TIME AND PLACE). The Request for Investigation may include copies of any relevant documents or transcripts. A Request for Investigation must contain an original signature therefore, Requests for Investigation are not accepted electronically or by facsimile.

 

A copy of the Request for Investigation form can be requested by calling the AGC at (313) 961-6585, or can be downloaded by clicking here. Requests for Investigation and any accompanying documents can be sent to:

 

Michigan Attorney Grievance Commission

243 W. Congress, Ste. 256

Detroit, MI 48226

 

The Grievance Administrator may also institute an investigation on his own based upon knowledge gained from other ways, such as news articles, court opinions, or information received in the course of a disciplinary investigation.

 

http://www.agcmi.com/pages/RequestInvestigation.html

 

Form to fill out

http://www.agcmi.com/pages/AGCRIFormOct2010.pdf

 

Thanks for the links.

 

It seems they aren't expecting legalize on the form.

 

I think I'll see how many people are willing to send in the same form.

 

There seems to be a few folks that can't get out to demonstrations. This is something that some of them would be happy to do. Some action they are able to do.

[peanutbutter]

There seems to be a few folks that can't get out to demonstrations. This is something that some of them would be happy to do. Some action they are able to do.

 

In fact, I think I can get a few folks from other states to send in the letter.

 

A few from overseas also.

[DenturesLost]

The information was not presented to the judge, as far as I know.

 

The PA was aware of the full set of information and decided to proceed.

 

Very limited information was then presented to the judge.

 

Any common sense person would view this as an abuse of power against an innocent person.

Again, it isn't the prosecutor's duty to present exculpatory evidence. That is the defense attorney's duty.

Regardless, it's an affirmative defense case which means the defense is obligated to prove the affirmative defense in the circuit court.

[peanutbutter]

Again, it isn't the prosecutor's duty to present exculpatory evidence. That is the defense attorney's duty.

Regardless, it's an affirmative defense case which means the defense is obligated to prove the affirmative defense in the circuit court.

 

-- snip -- possesses a registry identification card shall not be subject to arrest, prosecution, or -- snip --

 

There are conditions where an officer is forbidden to arrest a patient.

 

Those are exactly the same conditions under which the PA is forbidden to prosecute.

[DenturesLost]

-- snip -- possesses a registry identification card shall not be subject to arrest, prosecution, or -- snip --

 

There are conditions where an officer is forbidden to arrest a patient.

 

Those are exactly the same conditions under which the PA is forbidden to prosecute.

According to your first post he had a prelim scheduled before he got his card. That means the possession was committed before he had a card.

Your argument is a bit like saying I can't be prosecuted for driving without a license because I got my license the day after my first court date on the charge.

 

huh?

[peanutbutter]

According to your first post he had a prelim scheduled before he got his card. That means the possession was committed before he had a card.

Your argument is a bit like saying I can't be prosecuted for driving without a license because I got my license the day after my first court date on the charge.

 

huh?

 

The PA would have no reasonable expectation of gaining a conviction under section 8. None.

 

The defendant has now received his ID card. The ID card affords the defendant even more protections that does section 8.

 

Under section 4 the case should not even be in the court system at all.

[jtgeme]

Regardless of when he actually received his card, doesn't his paperwork suffice until he received his card. Meaning that he was allowed to possess & use even before getting his card? While I don't know if the case should have been dismissed at the District Court level, I am thinking it should get dismissed at the evidenitary hearing because he had applied for card. The fact that he got his card after being arrested only means he was approved for it before he got arrested - assuming the MDOCH was(is) still MONTHS behind on issuing cards.

 

Sounds like a pretty tight case.

[peanutbutter]

Regardless of when he actually received his card, doesn't his paperwork suffice until he received his card. Meaning that he was allowed to possess & use even before getting his card? While I don't know if the case should have been dismissed at the District Court level, I am thinking it should get dismissed at the evidenitary hearing because he had applied for card. The fact that he got his card after being arrested only means he was approved for it before he got arrested - assuming the MDOCH was(is) still MONTHS behind on issuing cards.

 

Sounds like a pretty tight case.

 

And there is no question .. this patient is not a faker. His condition is very real.

[Hempcheff]

regardless of when his card was issued, he was covered by section8 as soon as the doctor penned his signature on the app

 

isnt that the ruling atm from bob n torey?

 

or do i have this mixed up?

[bobandtorey]

Regardless of when he actually received his card, doesn't his paperwork suffice until he received his card. Meaning that he was allowed to possess & use even before getting his card? While I don't know if the case should have been dismissed at the District Court level, I am thinking it should get dismissed at the evidenitary hearing because he had applied for card. The fact that he got his card after being arrested only means he was approved for it before he got arrested - assuming the MDOCH was(is) still MONTHS behind on issuing cards.

 

Sounds like a pretty tight case.

 

that all sounds right and he will need a Lawyer thats the sad part i would guess he has no money and will have to get a Free one and we know how that works not good