Shiawassee P A Wants To Plea Bargain

[t-pain]

it happens when the prosecutor hides evidence that should have been used in a trial.

[GregS]

The agreement not to sue is a "feel good" offer.  Fine me one case where a former defendant of any sort won a case and was awarded damages stemming from wrongful prosecution.

Settlements almost invariably require confidentiality, hence cases are not easy to find. Terms of settlements are not readily available. There may be facts in the case that show negligence or other harm by the prosecutor's office or other parties that are extreme enough to make them worry. Perhaps the judge's statement that he will not allow cannabis in his jurisdiction despite the law is enough. I hope that Larry has made noise with the Judicial Review Panel already. Maybe that is involved. He is obviously not saying much, and likely for good reason.

 

What remains is a prosecution offer to dismiss with provision not to sue. If there were no expectation that Larry can bring suit, why would the prosecutor even bring it up? I am familiar enough with immunity, and but for that fact would not expect a tort claim to have legs. Under qualified immunity, the prosecutor is immune from suits unless a reasonable person in the position of the prosecutor would have known that the action taken would violate the plaintiff's constitutional rights. In order to meet this standard, it must be shown that the law alleged to be violated was "clearly established". Moreover, the test is objective rather than subjective. That is, the question that must be answered is whether a reasonable prosecutor would have known whether his conduct was wrong, not whether the individual prosecutor actually knew the conduct was wrong.

 

So why might they be concerned? Could statements have been made on the record that rise to the level of unreasonableness? If suit were to  be brought under that premise, the defendant (in this case prosecutor''s office) would likely settle to avoid public exposure and to minimize costs. which are very substantial, to defend a suit.

Edited February 13, 2014 by GregS

[Chauncy Gardner]

Settlements almost invariably require confidentiality, hence cases are not easy to find. Terms of settlements are not readily available. There may be facts in the case that show negligence or other harm by the prosecutor's office or other parties that are extreme enough to make them worry. Perhaps the judge's statement that he will not allow cannabis in his jurisdiction despite the law is enough. I hope that Larry has made noise with the Judicial Review Panel already. Maybe that is involved. He is obviously not saying much, and likely for good reason.

 

What remains is a prosecution offer to dismiss with provision not to sue. If there were no expectation that Larry can bring suit, why would the prosecutor even bring it up? I am familiar enough with immunity, and but for that fact would not expect a tort claim to have legs. Under qualified immunity, the prosecutor is immune from suits unless a reasonable person in the position of the prosecutor would have known that the action taken would violate the plaintiff's constitutional rights. In order to meet this standard, it must be shown that the law alleged to be violated was "clearly established". Moreover, the test is objective rather than subjective. That is, the question that must be answered is whether a reasonable prosecutor would have known whether his conduct was wrong, not whether the individual prosecutor actually knew the conduct was wrong.

 

So why might they be concerned? Could statements have been made on the record that rise to the level of unreasonableness? If suit were to  be brought under that premise, the plaintiff (in this case prosecutor''s office) would likely settle to avoid public exposure and to minimize costs. which are very substantial, to defend a suit.

How could the prosecutor not have known that he was being unreasonable? The first judge in this case threw it out of court. He apparently could see that King was well within the law. The fact that the Michigan legislature passed a law clarifying the conditions of a legal outdoor grow seems to be clear evidence that King was operating within the law at the time of his arrest. It just plain out looks like the prosecutor was operating under the influence of his own prejudices when he decided to drag King through the briar patch.

 

Ignorance of the law is no excuse, especially when the ignorant person is the prosecutor.

[GregS]

How could the prosecutor not have known that he was being unreasonable? The first judge in this case threw it out of court. He apparently could see that King was well within the law. The fact that the Michigan legislature passed a law clarifying the conditions of a legal outdoor grow seems to be clear evidence that King was operating within the law at the time of his arrest. It just plain out looks like the prosecutor was operating under the influence of his own prejudices when he decided to drag King through the briar patch.

 

Ignorance of the law is no excuse, especially when the ignorant person is the prosecutor.

Regardless, immunity is tough to, or some argue impossible to, get past. I can't agree more that it is very, very wrong. But the prosecutor is quite obviously afraid of a lawsuit. Anything beyond that is speculation at this point.

Edited February 13, 2014 by GregS

[bobandtorey]

How could the prosecutor not have known that he was being unreasonable? The first judge in this case threw it out of court. He apparently could see that King was well within the law. The fact that the Michigan legislature passed a law clarifying the conditions of a legal outdoor grow seems to be clear evidence that King was operating within the law at the time of his arrest. It just plain out looks like the prosecutor was operating under the influence of his own prejudices when he decided to drag King through the briar patch.

 

Ignorance of the law is no excuse, especially when the ignorant person is the prosecutor.

 

 

Larry was arrested  around sometime in April 2009 he had his Card so it had to be after April 20 because that was the first day anyone could have a card i don't remember if he was in Lansing with all the rest of us at that time we all took the majesty Bus to drop off our paper work and Larry also had the same Doc  as us IMHO he also got set up as we did

[Kingpinn]

 

Edited February 5, 2014 by Kingpinn

[Kingpinn]

Was at court today. All charges were dropped.My attorney took pics of Magnet giving me my property and dead marijuana plants back to me. Think they will be on his facebook page. Was a good day for the good people of Michigan the smell of Crow was in the air

[t-pain]

larry king! winner in the supreme court! winner of his freedom! champion of patients rights!

 

thanks a bunch to his lawyers too

[mibrains]

[Chauncy Gardner]

 

Was at court today. All charges were dropped.My attorney took pics of Magnet giving me my property and dead marijuana plants back to me. Think they will be on his facebook page. Was a good day for the good people of Michigan the smell of Crow was in the air

Just curious. Did they say anything about being sorry for what they did to you?

[bobandtorey]

[GregS]

 

Was at court today. All charges were dropped.My attorney took pics of Magnet giving me my property and dead marijuana plants back to me. Think they will be on his facebook page. Was a good day for the good people of Michigan the smell of Crow was in the air

Attaboy! Did you agree not to sue?

 

I wonder if this will make the news.

[ozzrokk]

Glad to hear it King................. It is about time............. and I am sure they did NOT say sorry......... They are just happy to not get sued........... Free at last glad to hear it brother...........

[solabeirtan]

Cheers Larry! Congrats, Team King. Great job !  Thanks for taking them to task. 

[Highlander]

How could the prosecutor not have known that he was being unreasonable? The first judge in this case threw it out of court. He apparently could see that King was well within the law. The fact that the Michigan legislature passed a law clarifying the conditions of a legal outdoor grow seems to be clear evidence that King was operating within the law at the time of his arrest. It just plain out looks like the prosecutor was operating under the influence of his own prejudices when he decided to drag King through the briar patch.

 

Ignorance of the law is no excuse, especially when the ignorant person is the prosecutor.

 

Yes - but there is a similar yet opposite interpretation that the law was confusing/poorly-written/unclear enough that such clarifications were needed.  So while the defendant deserves some leeway, so does the PA.    I don't like it, but it is what it is, as they say. 

 

In any event, Larry got shafted, and I'm glad he gets some belated if not altogether miniscule, satisfaction.

 

Thank you Larry.

 

I remember talking to you just before the first district court proceeding.  You were steadfast in your position and stated that you were fighting for yourself and the rest of us too.

 

 We haven't thanked you enough.  We can't thank you enough. But for what it is worth, THANK YOU!!

[ozzrokk]

Yes - but there is a similar yet opposite interpretation that the law was confusing/poorly-written/unclear enough that such clarifications were needed.  So while the defendant deserves some leeway, so does the PA.    I don't like it, but it is what it is, as they say. 

 

In any event, Larry got shafted, and I'm glad he gets some belated if not altogether miniscule, satisfaction.

 

Thank you Larry.

 

I remember talking to you just before the first district court proceeding.  You were steadfast in your position and stated that you were fighting for yourself and the rest of us too.

 

 We haven't thanked you enough.  We can't thank you enough. But for what it is worth, THANK YOU!!

 

 

The PA does not deserve any leeway because they could have just simply said put a roof on it. In fact they had the opportunity to let the Judges ruling stand when it was originally dismissed, and he seized the opportunity to just say put a roof on it. Then when the Supreme Court made their ruling they could have just dropped it. Add onto that when they did pass the language they could have ended it their but instead they continued on and on and on and on and on................... Now they just need to cover their donkey because they know they SHOULD have ended it from the git...................  They were not reasonable in any of it.........

[t-pain]

yeah, lots of these prosecutions against patients could be fixed with $200 worth of equipment (locks, fencing, etc).

 

why spend $1000s $10,000s in court when you could just tell the guy to seperate the plants and put each 12 in a fenced area ?

[Michael Komorn]

Larry,

Congratulations. What a fantastic ending to a horrible story. You are a hero and champion for enduring the torture as long as you did. Even though there is nothing that can repay what you have gone through I know that this victory has significant meaning and the community should is proud for the tenacity in which you fought this battle.

[Kingpinn]

Thanks Mike it means alot coming from you.OOO bye the way that P A you seen today thinks your a Junk Yard Dog and so do I keep kicking thier colective a$$'S thanks for your support in this matter . And a speical thanks to John Minock Of the A C L U what a job he did with my Supreame Court case . He did a great job gave it 100% gave it up for the MMJ community Thanks again John And Dan Korobkin

Larry,
Congratulations. What a fantastic ending to a horrible story. You are a hero and champion for enduring the torture as long as you did. Even though there is nothing that can repay what you have gone through I know that this victory has significant meaning and the community should is proud for the tenacity in which you fought this battle.

Edited February 13, 2014 by Kingpinn

[trichcycler]

"set up" ?  who do you suspect set you all up, and how would they orchestrate the sting ?

Larry was arrested  around sometime in April 2009 he had his Card so it had to be after April 20 because that was the first day anyone could have a card i don't remember if he was in Lansing with all the rest of us at that time we all took the majesty Bus to drop off our paper work and Larry also had the same Doc  as us IMHO he also got set up as we did

[Kingpinn]

Why did the Detriot Free Press take all our pics that day and hand them over to law enforcement. Maybe you fill in the blakes grassman. And my pic ends up on the front page of the largest news rag in the state

"set up" ?  who do you suspect set you all up, and how would they orchestrate the sting ?

[bobandtorey]

"set up" ?  who do you suspect set you all up, and how would they orchestrate the sting ?

Thanks

 

I'am not a good poster/writer so it's hard for me to tell the hole story if you would like i can tell you with a phone call a lot better send me a PM with your # i would be happy to tell it because i Tell great War story's 

[GregS]

Thanks Mike it means alot coming from you.OOO bye the way that P A you seen today thinks your a Junk Yard Dog and so do I keep kicking thier colective rectum'S thanks for your support in this matter . And a speical thanks to John Minock Of the A C L U what a job he did with my Supreame Court case . He did a great job gave it 100% gave it up for the MMJ community Thanks again John And Dan Korobkin

In junkyards, which the courts certainly are, junkyard dogs are fearsome creatures.

 

I can't begin to tell you how I admire your resolve to see this to the end, and extend regrets that it has, again, taken so long.

 

Anything in the press yet? I haven't been able to bring anything up with a browser..

[Restorium2]

Larry was arrested  around sometime in April 2009 he had his Card so it had to be after April 20 because that was the first day anyone could have a card i don't remember if he was in Lansing with all the rest of us at that time we all took the majesty Bus to drop off our paper work and Larry also had the same Doc  as us IMHO he also got set up as we did

We all didn't use the same bus Bob. I drove another bus that day. The one with people who wanted to stay under the radar. It's all good, just letting you know there were more of us than you saw that day.

[GregS]

Dickheads return Larry's property:

 

https://www.facebook.com/photo.php?fbid=10152003423158165&set=a.10151205092508165.462022.790858164&type=1

Edited February 13, 2014 by GregS