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People Vs King


thatoneartist

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I wonder how the Supreme Court feels about Bill Schutte and if he has been try to tell them what to do. If they feel pressure from BS they may get real sore and of course, do what they dam well please.

imo they will do what they please but for larry i hope they do the right thing

i also think theirs more to his story that we all may not know imho

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An interesting point is that "locked enclosed facility" only applies to section four. IF it's locked up, no arrest or prosecution. That requirement disappears when it's time for section 8. It is not required for "case SHALL be dismissed."

 

Yes, but Section 8 says "except as provided in section 7".

 

Then when you look at section 7 it says: "The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act."

 

Section 4 is in the act.

 

This is the noose they are using to hang us. If than darn line in section 7 only said "The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this SECTION."

 

Or if section 8 was more clear that its referring to the EXCEPTIONS enumerated in section 7.

 

maybe someone should argue that "except" as in "except as provided in section 7" refers to these enumerated exceptions?

Edited by BirdHunter
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See that is the AGs position, and that would work IF this was a Legislative Act, It is Not. It is a Peoples Initiative, thus has very Specific guides on how it must be interpreted by All facets of government. And the Biggest point of a Peoples Initiative is the Language Must be interpreted as John, and Jane Q Public would interperet the words. Those that want to subvert the will of the People are intentionally using Legislative Law guidance, when referring to this one Peoples Initiative. They do it because they know if they use the proper Guidlines in Defining a Peoples Initiative, then they will have no leg to stand on. So in using the time between the start of the fight, and the SC ruling, if BS and those in opposition, can make people preach their ill gotten verdicts, it may have a chance to be bought, hook line and sinker.

 

This is relying on the Political Theory, if you yell it loud enough, and long enough, your lies will start to be garnered as truth. BS and the Prosecution Crew are betting they had enough time. But he didnt, doesnt, and dont.....

 

If you buy into the un truths and skewed stats, they get their way with the Act....

In the words of Nancy Reagan

 

JUST SAY NO to new Legislation!

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See that is the AGs position, and that would work IF this was a Legislative Act, It is Not. It is a Peoples Initiative, thus has very Specific guides on how it must be interpreted by All facets of government. And the Biggest point of a Peoples Initiative is the Language Must be interpreted as John, and Jane Q Public would interperet the words. Those that want to subvert the will of the People are intentionally using Legislative Law guidance, when referring to this one Peoples Initiative. They do it because they know if they use the proper Guidlines in Defining a Peoples Initiative, then they will have no leg to stand on. So in using the time between the start of the fight, and the SC ruling, if BS and those in opposition, can make people preach their ill gotten verdicts, it may have a chance to be bought, hook line and sinker.

 

This is relying on the Political Theory, if you yell it loud enough, and long enough, your lies will start to be garnered as truth. BS and the Prosecution Crew are betting they had enough time. But he didnt, doesnt, and dont.....

 

If you buy into the un truths and skewed stats, they get their way with the Act....

In the words of Nancy Reagan

 

JUST SAY NO to new Legislation!

 

i agree and you do seam to know a lot about this act it's just to bad that you wont be able to use it in the court rooms all over this State

i use to tell every body i knew that their is no gray in 12 plants locked up and 2.5oz and if i knew what i know now when we got are cards how mush residence we were up against we only found out the first day inn court almost 3 years ago the judge said their will be no Medical Marihuana in my town be for he even knew that their was a new Law on the books

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See that is the AGs position, and that would work IF this was a Legislative Act, It is Not. It is a Peoples Initiative, thus has very Specific guides on how it must be interpreted by All facets of government. And the Biggest point of a Peoples Initiative is the Language Must be interpreted as John, and Jane Q Public would interperet the words. Those that want to subvert the will of the People are intentionally using Legislative Law guidance, when referring to this one Peoples Initiative. They do it because they know if they use the proper Guidlines in Defining a Peoples Initiative, then they will have no leg to stand on.

 

Where do you find written info on the ways to interpret a Peoples Initiative?

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Where do you find written info on the ways to interpret a Peoples Initiative?

 

Because the Act was a citizen initiative under Const 1963, art 2, § 9, it must be interpreted in light of the rules governing the construction of initiatives. Redden, ___ Mich App at ___. Initiatives should be construed to "effectuate their purposes" and to "facilitate rather than hamper the exercise of reserved rights by the people." Welch Foods v Attorney General, 213 Mich App 459, 461; 540 NW2d 693 (1995). See also OAG, 1985-1986, No. 6370, p 310, 313-314 (June 10, 1986). In addition, the words of an initiated law should be given their "ordinary and customary meaning as would have been understood by the voters." Welch Foods, 213 Mich App at 461.

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Oral arguments in the King case seemed like most of the justices were in agreement that 8 refers to 7, which incorporates the act.

 

I think we're screwed.

 

I disagree. Clearly the judges understand that the ID card isn't required. That was made very clear by the language on the ballot. Directly asked and answered by the voters.

 

Locked enclosed facility is something that a registered patient has. per section 3. A person without a ID card can not, by the definition, have such a thing.

 

A point that I'd never considered before. This told me that at least this one judge had actually looked at the law.

 

So the ID card and "locked enclosed facility" are items not required for a section eight defense. There's two parts.

 

So the court wants to know what the exact procedure is used to determine exactly which parts of four are pulled into 8?

 

That list is difficult to determine. Making that interpretation difficult to work.

The other option is to view the MMMA almost as if it is two laws in one document. That reference to section 7 refers to those things forbidden in 7b. The nature of the link in 8 tends to support this view. As does the ballot language.

 

A decision that brings 4 into 8 would be motivated by politics and not the letter of the law. I didn't see politics in most of the judges. So I have hope.

 

I wish I had seen Justice Young there. I was very interested to see what questions he may have. I look forward to see what he writes. From what I understand he is a great scholar. Someone that considers the wording of the law very carefully. Again, that gives me hope.

 

We'll just have to wait and see. Either way, there will be lines for us to live within.

 

The law can not possibly require every single aspect of section 4 to be fulfilled to apply section 8. If every aspect of section 4 were to be complied with, in theroy, there would never be a need for section eight at all. The entire section is then invalid. This was also noted by the justices.

 

I think this will fall toward our side. But I've been wrong about such things before.

 

If the justices rule that every marijuana defendant may present a medical defense at trial, it could be a problem for a few cases across the state. A lot of convictions could be reversed.

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Because the Act was a citizen initiative under Const 1963, art 2, § 9, it must be interpreted in light of the rules governing the construction of initiatives. Redden, ___ Mich App at ___. Initiatives should be construed to "effectuate their purposes" and to "facilitate rather than hamper the exercise of reserved rights by the people." Welch Foods v Attorney General, 213 Mich App 459, 461; 540 NW2d 693 (1995). See also OAG, 1985-1986, No. 6370, p 310, 313-314 (June 10, 1986). In addition, the words of an initiated law should be given their "ordinary and customary meaning as would have been understood by the voters." Welch Foods, 213 Mich App at 461.

 

Thanks very much. It seems like I have read that somewhere around here before.

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Because the Act was a citizen initiative under Const 1963, art 2, § 9, it must be interpreted in light of the rules governing the construction of initiatives. Redden, ___ Mich App at ___. Initiatives should be construed to "effectuate their purposes" and to "facilitate rather than hamper the exercise of reserved rights by the people." Welch Foods v Attorney General, 213 Mich App 459, 461; 540 NW2d 693 (1995). See also OAG, 1985-1986, No. 6370, p 310, 313-314 (June 10, 1986). In addition, the words of an initiated law should be given their "ordinary and customary meaning as would have been understood by the voters." Welch Foods, 213 Mich App at 461.

it's to bad it did not help them

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  • 1 month later...

Yano a ruling on this would be nice some time this year ......

Just how long does it really take to determine simple unambiguous

terminology ? The law has already been written ....

 

Guess we will allow them to rewrite it to suit their desires

to persecute us lowly citizens who overwhelmingly voted it into

existence.

 

It appears there's nothing more deserving of the word entrapment

than what Mi has done to it's registered MMJ participants.

 

 

First establish a lure with honey to draw and quarter the unsuspecting

victims......(The MMJ registry program)

 

Promise to protect them and allow a persecution free dwelling to perform

the necessary steps to produce medicine ...

 

Then as they sign on raid them with extreme prejudice, treat them as criminals

which in essence are soft targets ripe for the plunder to seize assets , and

medicine to sell for profit for the LEO depts...

 

 

Then in the sickest display deny the legal unsuspecting registrant any of the

protections promised to him by the law that was set out to protect him or her.

 

 

Yep I'd say that's entrapment.......

 

 

lure them in,,,sign em up, then bust em , hang em out to dry like bushwackers.......

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This law owes me 3 years of my life.Had no idea that this would turn into such a circus. Talk about being put out on a limb to be sawed off.This issue has taken its toll physically as well as mentally on me. This matter should have been over Sept 30 2009 when the circuit judge found me innocent.Hope you feel real proud of your self Randy Colbry for dragging the sick threw your little meat grinder

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after reading this how can this guy still have his job sure would like to know what he blew

 

 

CORUNNA, Michigan -- Shiawassee County Prosecutor Randy Colbry was sentenced today to two years probation and must wear a SCRAM alcohol monitoring tether after he pleaded guilty to drunken driving following a July 7 crash in Venice Township.

 

He was also sentenced to 15 days in jail, and was given credit for 15 days of inpatient alcohol treatment already served.

 

Colbry reportedly hit another vehicle at M-21 and Vernon Road at 2:30 p.m. on Tuesday, July 7. He was arrested a short time later on Lytle Road. He pleaded guilty to a drunken driving charge and no contest to a second misdemeanor charge of failure to stop at the scene of a property damage accident.

 

The other driver, who was not present during today's sentencing, was uninjured in the crash.

 

Clinton County Judge Richard Wells had harsh words for Colbry before the sentencing, calling his actions the day of the crash "cowardly."

 

"These are the kinds of a decisions that kill people," he said.

 

He said the time of day, day of the week, level of alcohol in Colbry's system and that Colbry left the scene the day of the crash "really bother me a lot," he said.

 

"This is ... the middle of the day in the middle of the week and you're drunker than a skunk," said Wells.

 

Wells called Colbry's actions cowardly because he didn't stop to make sure people in the other vehicle were uninjured.

 

He also said that Colbry had a blood-alcohol level almost three times the legal limit when he was stopped, and that he got out of the car without putting it in park and the vehicle ran him over, putting him in the hospital. Wells said that is why Colbry didn't spend the night in jail the day of the crash.

 

Before the sentencing, Colbry apologized for his actions and said he felt "hopeless" the day of the crash and promised to deal with his long-term depression and make sure his future "doesn't include even one drink."

 

"I did something I never imagined I would do, I endangered people I have pledged to protect," he said.

 

Afterward, Colbry called the sentence fair and pledged to fulfill the terms of his probation.

 

His probation, which will be overseen by Clinton County officials, includes orders not to possess or consume alcohol, enter bars or use or possess any controlled substances. He was also ordered to submit to random alcohol screenings and pay fines and costs more than $2,000.

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I bet he thinks the sentence is fair. I'd be doing a year minimum if I did those things, and probably a lot more. Why is it cops, prosecutors & attorney generals can break the law and get away with it, while we comply with the law, but they don't like it, so we go to jail?

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I bet he thinks the sentence is fair. I'd be doing a year minimum if I did those things, and probably a lot more. Why is it cops, prosecutors & attorney generals can break the law and get away with it, while we comply with the law, but they don't like it, so we go to jail?

He who rules the law, Rules !!

Like it or not, that's how they think, behave ( mis-behave ), rule in a court of law ( lawyers & judges ) and act on the streets ( police ).

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well lets see 3 x 9 is 2.7%

he Blew a 2.7% that's insanely high

 

 

Yep I'm sure he's suffering depression from his guilty conscience

brought about by prosecuting so many innocent MJ users....

destroying their lives....lol har dee har !

 

Yeah I'm sure he's real sorry....and he will be at all the AA

mandated meetings to get his license back first attempt.

 

 

 

This state sucks donkey !

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Ohh since it's friday and we are all having so much fun ...

 

Let's shed a lil more light on our godlike masters in Black Robes

 

I mean after all why not focus on how many pumps it takes to stretch

your unit to it's max , while handing down felonies to the lowly

citizens....it's not like they deserve your godlike attention.....lol!

 

 

http://www.nydailynews.com/news/national/ex-judge-donald-thompson-busted-penis-pump-trials-pension-cut-article-1.968325

 

 

 

 

And just because a Person has a seemingly finely evolved social status affording

then a fancy abbreviation in front of their name sure in the hell doesn't mean anything

with regards to integrity or moral composition.

 

Enjoy! This one is just super!

 

http://www.huffingtonpost.com/2011/10/11/kimberly-quinlan-lindsey_n_1004881.html

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