Barb Agro Case

[bobandtorey]

 

Posted OCT 2 2013 by NEIL ROCKIND in BLOG with Comments Off

This case was not handled by Neil Rockind or Neil Rockind, P.C. – 

For several years, lawyers and medical marijuana advocates have complained about the approach taken by the Court of Appeals and the trial courts towards the Medical Marijuana Act.  Many were repulsed by the handling of specific cases.  

One of the cases that drew the ire of medical marijuana activists and lawyers was Barbara Agro, the Lake Orion resident whose entire family was swept up in Oakland County’s initial wave against medical marijuana.

 Agro and her husband, Sal, were law abiding people their entire lives.  Her house was raided.  She was arrested.   Her husband, Sal, died of a heart attack a few days later.  Clearly, the angst and anxiety of watching his children and wife be arrested and charged was too much too bear.  Barb Agro was charged with the manufacture of plants, a felony.

 I watched her trial.  I was ashamed at how she was treated.  She was prohibited from mentioning medical marijuana and prohibited from advancing a defense.

 When she appealed, we thought she’d have a shot at a new trial.  Sadly, the trial court that presided over her trial, i.e., the one responsible for the evidence admitted and excluded, has ruled against her again.

 Denying her a section 8 hearing and medical marijuana defense.  The reasons given:  1) she did not satisfy the definition of bona fide physician patient relationship adopted 2 years after her doctor certified her (yes, I wrote after), 2) her doctor did not testify (they couldn’t get her to return from California and 3) she wasn’t qualified to discuss the amount of marijuana and whether it was reasonable.  Here is the opinion.  Opinion #7262.

In my opinion, this opinion is poorly reasoned and I take great exception to and with it.   I anticipate an appeal and I expect that Agro’s case will be reversed.

[imiubu]

This is an abominable injustice.

 

Thank you Bob.

[bobandtorey]

I agree

let us all see the truth at how things are going on in Oakland County Courts as if they don't already know 

"Their Will Be No Medical Marihuana In My Town" The judge said

that was the first thing the Judge said in our case back in 2009 i knew right then how it was going to turn out for us and others 

[jointedone]

They were very nice people. Barb made me feel welcome and safe. The thing that makes me the angriest is that the ACLU would not stand up for them.But they will stand up for a terrorist. I was there that day,a few hours before the gestapo blew in. And that scared the heck out of me.

[BirdHunter]

So, did the defense present any evidence? If they did, king/kolanek says it has to go to the jury.

 

Interloktuary appeal needs to be filed.

[t-pain]

http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130910_C308104_59_308104.OPN.PDF

is the last one i can find for agro.

 

might have to look in oakgov site, but i dont have an account there.

 

http://publicdocs.courts.mi.gov:81/Opinions/Final/COA/20130122_C305725_44_305725.OPN.PDF

is the unpublished opinion from january.

Edited October 2, 2013 by t-pain

[Kingpinn]

How some these people sleep at night just amazes me. They have a agenda its called fill the private prison system

Edited October 3, 2013 by Kingpinn

[bobandtorey]

How some these people sleep at night just amazes me. They have a agenda its called fill the private prison system

Thank You Mr. King for standing up for all of us and Keep fighting the good fight 

i also agree you will be FREE one day 

You are the person that the Voters where thinking about will they pulled the handle and voted YES help the sick  people in Michigan to use Cannabis 

[ozzrokk]

This is so disgusting and has to stop..............