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Front Yard Pot Grower Gets Second Trial

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This news wire is dated, but does anyone know what the status; if available, is of the second trail?


Front Yard Pot Grower Gets Second Trial


A man growing pot in his front yard for multiple patients, including himself and his son, is getting a second chance at trial after some legally unsound jury instruction.


The Court of Appeals (COA) in an unpublished opinion today determined that Archie Darrel KIEL was entitled to a second trial because the jury was instructed in a way that hurt his affirmative defense.


Kiel had attempted an affirmative defense, arguing he could possess the plants under the Michigan Medical Marijuana Act (MMMA).


The trial court had found that although Kiel was a registered caregiver for four patients, the number of plants he was cultivating exceeded what he could have for his patients under the law. He was sentenced to five months in jail and ordered to pay $5,000 as well as having his drivers license suspended for a year.


Kiel had three Medical Marijuana cards, including his, at the time of the raid. At 12 each, that would allow him to have 36 plants. He had over 60. He argued that he was caring for two other patients as well, a claim the COA threw out when it was found at least one of the cards was issued after the date of the raid.


However, the COA found that the trial court erred by refusing to read a proposed jury instruction offered by defense counsel.


“Because the jury was not properly instructed concerning the applicable affirmative defense, defendant is entitled to a new trial,” wrote the COA, which reversed and remanded the case.


The case was number 301427, decided by E. Thomas FITZGERALD, Kurtis T. WILDER and Christopher M.MURRAY.



Edited by AlternativeSolutionsPlus
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Someone correct me if I am wrong.

Unless the law has change I do not see how the suspension of his D lic is warranted.

This is merely a means of detouring him from delivering meds to his patients and acquiring meds for himself.

This is so transparent that we might as well call it crystal clear.. :/


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  • 3 weeks later...


Release Date: 7/17/2012 Judge(s): ETF KTW CMM


Lower Court No. 9-3161-FH

COA Opinion - Per Curiam - Unpublished

Case Type: Control Subs - Mfg Marijuana


heres whats coming up for him:

found via:



09/17/2012 130P S VISITING STATUS CONF KIEL,ARCHIE 09003161 FH40

09/17/2012 131P S VISITING MOTION HRG KIEL,ARCHIE 09003161 FH40


so, 3 days from now. anyone in kalkaska going?

Edited by teethpain
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