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Medical Pot Users Fight Charges-Bob And Torrey Going To The Supreme Court

Michael Komorn

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Michael Komorn Advanced Member

Michael Komorn

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Medical pot users fight charges

 

Medical Pot Users Fight Charges-Bob And Torrey Going To The Supreme Court

 

Jennifer Chambers / The Detroit News

Lansing — An Oakland County couple certified to use medical marijuana under state law is asking the Michigan Supreme Court to dismiss felony drug charges against them.

Robert Redden and Torey Clark, who became certified under the Michigan Medical Marijuana Act, were charged with drug possession after police found 21 marijuana plants in a raid at their home in 2009.

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Please note the very well stated quote by Robert Mullen " "All at the expense of otherwise well-intentioned and unwitting medical marijuana patients that are proceeding like proverbial lambs to the prosecutorial slaughter," Mullen wrote."

 

Prosecutors allege the couple possessed more than the allowable amount of plants and they did not keep the plants in an enclosed locked facility as required.

Their case received attention last month after a state appeals judge wrote a 30-page opinion urging state lawmakers to take action on the "inartfully drafted" law that he said clashes with other Michigan laws.

Judge Peter O'Connell, who agreed with the majority's opinion to reinstate drug possession charges against the couple, wrote in this opinion that until the state Supreme Court provides a final comprehensive interpretation of the act, it would be "prudent" for citizens to avoid all use of marijuana if they do not wish to risk violating state law.

"I again issue a stern warning to all: Please do not attempt to interpret this act on your own," O'Connell wrote in his appeal.

The couple's attorneys filed a formal appeal with the Supreme Court last week. In his plea to reverse the appeals court and dismiss the charges, attorney Robert Mullen said the Michigan judiciary must resolve interpretive issues that, according to Court of Appeals and district court judges, are "beleaguering" government officials in general and law enforcement officials "in particular."

"All at the expense of otherwise well-intentioned and unwitting medical marijuana patients that are proceeding like proverbial lambs to the prosecutorial slaughter," Mullen wrote.

Voters approved the use of marijuana for medical purposes in a citizen-initiated petition placed on the 2008 ballot.

Lawyers for Clark and Redden provided documents showing the couple each obtained a recommendation from a state-licensed physician, which stated each was qualified to use marijuana for medical purposes under the act. They did not receive state-issued ID cards until after the raid. Madison Heights Police used a battering ram to knock down their front door.

In August, Oakland County authorities seized medical records and marijuana at dispensaries in Ferndale and Waterford Township. Criminal cases against more than a dozen defendants are moving through the courts.

Oakland County Sheriff Michael Bouchard and Oakland County Prosecutor Jessica Cooper have said that dispensaries are illegal under Michigan law.

Michael A. Komorn

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The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.

 

If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.

 

http://www.blogtalkradio.com/planetgreentrees

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Call-in Number: (347) 326-9626

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phaquetoo Advanced Member

phaquetoo

Posted
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This was a news article posted by an attny! um no offense but i dont beleive everything i read in the news! and you know the saying!

how do you know when an attny is lying? his lips are moving! lmao (jk) :rolleyes:

 

I wish you would have put your spin on this post mr komorn! ( i learned that joke from my attny please take no offense)

 

ok so Im not realy into the high court thing, Thank god. sorry bob and torey! (i feel ur pain) does the supreme court mean its going federal?

 

Why is this happening? 2 people 21 plants, 3 under their limit!!

 

WTF does the judge mean no one should be using mm in michigan?

 

We paid the state and got legal!

 

I want my fricking money back, take your stinkin card and ill go underground like i was for 30 yrs w/o a problem!

 

Thank you for sharing this article, i dont read detroit news any longer, I live up in peaceful north country! (now if I can only get leo to leave me alone)

 

My prayers are with you bob and torrey!

 

Peace

FTW

Jim

 

 

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TajMahal Advanced Member

TajMahal

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I am sickened that Michigan has stooped so low as to drag innocent citizens through their nasty inhuman court system, e.g. appeals court judge comments, and oakland county so called sheriff and PA, Saginaw, Kalkaska, etc. Must be the money has dulled their senses..................

 

Bob and Torrey are in good company with their lawyers.

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mibrains Advanced Member

mibrains

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Posted

thats right..jim

i want my money back too then..

i would like to know about that comment as well...what they mean about the grey area? it is pathetic. THIS LAW SUPERCEDES ALL OTHERS how hard is it to figure out?

oh fyi jim

it's a state supreme court...this scares me, because the final outcome is from a set of judges, not a jury so it all comes down to the lawyers...again....no offense to dem bass turds but....

SAY A PRAYER!

good luck bob and torry!

peace

This was a news article posted by an attny! um no offense but i dont beleive everything i read in the news! and you know the saying!

how do you know when an attny is lying? his lips are moving! lmao (jk) :rolleyes:

 

I wish you would have put your spin on this post mr komorn! ( i learned that joke from my attny please take no offense)

 

ok so Im not realy into the high court thing, Thank god. sorry bob and torey! (i feel ur pain) does the supreme court mean its going federal?

 

Why is this happening? 2 people 21 plants, 3 under their limit!!

 

WTF does the judge mean no one should be using mm in michigan?

 

We paid the state and got legal!

 

I want my fricking money back, take your stinkin card and ill go underground like i was for 30 yrs w/o a problem!

 

Thank you for sharing this article, i dont read detroit news any longer, I live up in peaceful north country! (now if I can only get leo to leave me alone)

 

My prayers are with you bob and torrey!

 

Peace

FTW

Jim

 

 

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phaquetoo Advanced Member

phaquetoo

Posted
Posted

thats right..jim

i want my money back too then..

i would like to know about that comment as well...what they mean about the grey area? it is pathetic. THIS LAW SUPERCEDES ALL OTHERS how hard is it to figure out?

oh fyi jim

it's a state supreme court...this scares me, because the final outcome is from a set of judges, not a jury so it all comes down to the lawyers...again....no offense to dem bass turds but....

SAY A PRAYER!

good luck bob and torry!

peace

 

 

 

what is up with this? why dont the judge say dont arrest legal patients until we can interpet this law better!

 

Kinda like the system works guilty till proven innocent!

 

Frustration! :growl:

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solabeirtan Advanced Member

solabeirtan

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Suck it up Phaquetoo! Enjoy the show... some people. Go see how much waters in the boat. or something schewwwweeeee ...Im just saying ... heh You have Front Row Seats to the best show in Michigan. Probably at least with the best budget. Bob & Torrey yo're looking good 'kids' keep up the good work. Remember We All soop potin U ! Babiiiis ....

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mizerman Advanced Member

mizerman

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Posted

I wish them well, we are all standing with you and Torey; Bob, never forget that.

If this case gets kicked back to Madison Heights, when is the court date?

 

My wife and I will try to attend every day.

 

They were UNDER their plant count and UNDER the allowable amount of "usable marijuana on hand".

 

Bob & Torey are wonderful human beings and we support you!

 

 

 

Mizerman (and better half ;) )

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freemannabis Advanced Member

freemannabis

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***

 

Judge Peter O'Connell, who agreed with the majority's opinion to reinstate drug possession charges against the couple, wrote in this opinion that until the state Supreme Court provides a final comprehensive interpretation of the act, it would be "prudent" for citizens to avoid all use of marijuana if they do not wish to risk violating state law.

 

"I again issue a stern warning to all: Please do not attempt to interpret this act on your own," O'Connell wrote in his appeal.

 

****

 

Clearly, as discerning Cannabis practitioners and other reason-minded individuals are all too well aware, this is what is known as "Yellow Journalsim".

 

Jennifer Chambers, the "author" of this scandalous propaganda is, as at least 63% of Michigan / Americans all know and hate to see, is what is known as a "Yellow Journalist".

 

Either that or "the regurgitator" is just, plainly, very painfully, ignorantly under-informed (as based in absolutely no balanced, investigative research or points of view - to be polite - otherwise known as "gossip") regarding or portraying the relative facts. As is the "Criminal Justice System, I might add.

 

Any "dirty snow" tainted hate-mongering, mass-media manipulator that deliberately regurgitate's this sickening bile with anywhere near as much deliberate malice against "the vast "Majority Voice" of "WE The PEOPLE" as this rag and it's "Yellow-Snow-Makers" has is putridly pathetic.

 

Good Post; Sure makes you realize just how inhumanly ignorant and spiteful 37% of the "Minority" of Michigan's sheeple can be.

 

"I again issue a stern warning to all: Please do not attempt to interpret this act on your own," O'Connell wrote in his appeal.

 

Well, that's just plain _____! (< insert "bunny-muffin" of your choice here)

 

I mean, can HE even SAY things like THAT!?

 

And, here I thought "The PEOPLE's" "Justices" [allegedly] empowered and employed "of, by and for" "WE The PEOPLE" were guided by some "CODE of ETHICS"; Or, at least, the "Michigan Court Rules"; Or, the Michigan / American Bar Association; Or, a "Code of Professional Conduct"; Or some kind of "Reason"; Or something called "The Constitution".

 

Ever here of "JURISPRUDENCE", Mr. "Justice"?! (I mean, Mr. Justice, Your HONOR!)

 

"Honor" ... my donkey!

 

So, what that means to us in "plain and simple language" is: the "Judges" of Michigan are empowered and allowed to spontaneously, spitefully, unfactually declare the angry Judges personal, biased, clearly un-impartial opinions of "WE The PEOPLE's" Voter Initiative ... as if THEIR PERSONAL BIAS is "The Law" we must all bow our heads and follow - contrary to the will and choice of "WE" the well-intentioned, educated millions of MIchigan / Americans who susscessfully cast and established the vast majority vote and healthful, free-minded intentions of "WE The PEOPLE"?

 

So, in other words: never mind the real [tried and true] compassionate, deliberately intentioned "spirit and intent" of "The PEOPLE's" Voter Initiative enacted by "WE The PEOPLE"; "The HIGHER [but, not the HIGHEST] Court" doesn't "personally" agree with 63% or more of Michigan's [all too "patient"] residents; And, when The COURT has an "Opinion" - albeit just a biased, personal one - what "The COURT" says is "The LAW"; Like it or not - we have to take it?!

 

And, here I thought this was the land of "The FREE".

 

Silly me.

 

'M I Bad.

 

Be Informed.

 

Be FREE!

 

SHARE The CURE

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solabeirtan Advanced Member

solabeirtan

Posted
Posted

:goodjob: Thanks everybody We are fighting the good fight with are Lawyer i have been saying we were going to the Supreme Court for a long time now

believe me no one wants to be this stressed out for this long so now whats going to happen another 5 years?

 

Dont think they have enough money to go that long. I think this is like time & a half for you guys now, though, they will have to keep an eye on that meter too. I dont think OConnels dissertation was worth the 2cents that most regular peoples opinions are. whaddaya think?

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greenbuddha Advanced Member

greenbuddha

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Posted

:goodjob: Thanks everybody We are fighting the good fight with are Lawyer i have been saying we were going to the Supreme Court for a long time now

believe me no one wants to be this stressed out for this long so now whats going to happen another 5 years?

 

 

The way you have been handling this situation and the stress that it must bring with it borders upon the 'heroic'.

 

I only wish I had half that kind of stamina.

 

But I believe, and I am sure many others do too, that what you are going through will help others in the future.

 

I am sure that just saying 'thanks' is not enough to cover what you are doing... but please know that we are all grateful!

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peanutbutter Advanced Member

peanutbutter

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This is great news. It is very likely that the supreme court will toss the case out.

 

That will avoid any longer fight for you folks. And at the same time will make it safer for every other patient in this state.

 

Mullens has done a very good job for you folks.

 

I can't thank you enough for the safety that you are providing for every one.

 

Your kind of case will probably never be in the supreme court again. Your case should prove to be the final nail in the coffin.

 

Thank you! Thank you! Thank you! Thank you! Thank you! Thank you! Thank you! Thank you! Thank you! Thank you! Thank you! Thank you!

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bobandtorey Advanced Member

bobandtorey

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Thank you PB for supporting us but for us to come this far is crazy what do you think is next for us

i think it's going to take a little more time in the Courts

and the paper didn't say any thing about the Doc just we had to much and it was not locked up and we know thats covered and also i think they may have some kind of trick to make them win and us win some how

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peanutbutter Advanced Member

peanutbutter

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Thank you PB for supporting us but for us to come this far is crazy what do you think is next for us

i think it's going to take a little more time in the Courts

and the paper didn't say any thing about the Doc just we had to much and it was not locked up and we know thats covered and also i think they may have some kind of trick to make them win and us win some how

 

Dude .. I really believe the Supreme Court will toss your case out. In a way that it will be ended for you. (except for the lawsuit part :) )

 

As time has passed, smaller courts all over the state have tossed cases like yours. Your situation is now old turf.

 

Today there would be no way that you would have been arrested with what we know now about this law.

 

I believe that your stop at the Supreme Court will be the end of the whole thing for you and Torey.

 

Please please please please please let us know when the exact time and place are. There are a lot of people that would want to watch.

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Southern Cross Advanced Member

Southern Cross

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Medical pot users fight charges

 

 

The couple's attorneys filed a formal appeal with the Supreme Court last week. In his plea to reverse the appeals court and dismiss the charges, attorney Robert Mullen said the Michigan judiciary must resolve interpretive issues that, according to Court of Appeals and district court judges, are "beleaguering" government officials in general and law enforcement officials "in particular."

"All at the expense of otherwise well-intentioned and unwitting medical marijuana patients that are proceeding like proverbial lambs to the prosecutorial slaughter," Mullen wrote.

Voters approved the use of marijuana for medical purposes in a citizen-initiated petition placed on the 2008 ballot.

Lawyers for Clark and Redden provided documents showing the couple each obtained a recommendation from a state-licensed physician, which stated each was qualified to use marijuana for medical purposes under the act. They did not receive state-issued ID cards until after the raid. Madison Heights Police used a battering ram to knock down their front door.

This is excellent news! I'm glad your attorney filed this while we still have a Supreme Court that will interpret our law the way it should be and before the Engler Court and the B S drug warrior Attorney General take office. The way it stands now the prohibitionists keep using the repugnant dictum spewed out by O'Connell as though it were gospel.

 

I see Mullen asks them to, "resolve interpretive issues". This is great because it will allow the court to address every assertion made by O'Connell, clear up the so called gray areas and give everyone, including the media, the rule of law to quote instead of O'Connell's mean spirited attack piece masquerading as case law.

 

Thanks for posting this Michael. Any thoughts on a time frame? Could this be over before the New Year?

 

Bob, I didn't know they used a battering ram on your door. That's total bull schuette!

 

It won't be long before this part is over, then you can file your lawsuit against these terrorists.

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bobandtorey Advanced Member

bobandtorey

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Posted

This is excellent news! I'm glad your attorney filed this while we still have a Supreme Court that will interpret our law the way it should be and before the Engler Court and the B S drug warrior Attorney General take office. The way it stands now the prohibitionists keep using the repugnant dictum spewed out by O'Connell as though it were gospel.

 

I see Mullen asks them to, "resolve interpretive issues". This is great because it will allow the court to address every assertion made by O'Connell, clear up the so called gray areas and give everyone, including the media, the rule of law to quote instead of O'Connell's mean spirited attack piece masquerading as case law.

 

Thanks for posting this Michael. Any thoughts on a time frame? Could this be over before the New Year?

 

Bob, I didn't know they used a battering ram on your door. That's total bull schuette!

 

It won't be long before this part is over, then you can file your lawsuit against these terrorists.

 

Yep they sure did use a battering ram and we lost are home we could not live their

it was all over the papers were we stayed and we were not safe their

We will never be the same and i saw they had it on the news tonight why are they saying we had to much?

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phaquetoo Advanced Member

phaquetoo

Posted
Posted

Yep they sure did use a battering ram and we lost are home we could not live their

it was all over the papers were we stayed and we were not safe their

We will never be the same and i saw they had it on the news tonight why are they saying we had to much?

 

 

man Im so agitated by the whole thing!

I realy cant wait for this to be over for you, and like most said you gonna make all of our lives better! Thank You both so much!

I didnt realize you were in the service in the late 60's man the gov is screwing you again!

I sincerly thank you for serving!

Now your serving for a good cause!

God Bless you and Yours!

 

Peace

FTW

Jim

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