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  Ok cant paste opinion from e mail. But the judge says I,m good on the second and third prongs of this sec 8 thing. But he's saying something about Dr patient thing wasn't good enough for him . So he denies me . So does that mean its all open again and I can go sec 4 ??. But its something about the Dr.      Foot dragging at best. Then whats a status conference    then a settlement conference then jury trial

 

 

 

Status con.    Jan 8th  2014  Time 8:30 am

 

Settlement con.  Feb 10  2014 Time 1:00 pm

 

Jury trial    Feb 18 2014  Time 8:30 am  

Edited by Kingpinn
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they're going to deny you your section 8 king.

i mean, the judge or prosecutor thinks there is a 'matter of fact' that only the jury can decide if you get your sec8 or not.

 

no scheduled section 8 hearing? 

settlement conf = plea deal

 

the jury trial to have a jury review your medical sec 8 defense, i think?

 

better get your lawyer ready to appeal whatever baloney the prosecutor+judge came up with.

Edited by t-pain
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they're going to deny you your section 8 king.

i mean, the judge or prosecutor thinks there is a 'matter of fact' that only the jury can decide if you get your sec8 or not.

 

settlement = plea deal

then the jury trial to have a jury review your medical sec 8 defense, i think?

i would agree to this they will offer you a deal of a life time like they did us Non reporting probation is the same as saying go away we don't want to fight you any more because you will WIN as we would have also 

no one can say what you may or may not do just do whats best for Mr. King

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i guess settlement conference could be prosecutor agrees to dismiss under section 8.

but since they havent just dropped it already...

 

 

kings' case history from king/kolanek opinion:
 

The circuit court therefore ruled that King’s use of marijuana was “in accordance with [the MMMA]” and
that King was entitled to dismissal of the charge under § 8.

The Court of Appeals reversed the circuit court and remanded for further proceedings.
In King, neither the district court nor the circuit court held an evidentiary hearing
with regard to King’s § 8 motion to dismiss. Because § 8 expressly requires an
evidentiary hearing to obtain dismissal of criminal charges, we remand to the circuit court
for it to hold such a hearing.



Thus, if a defendant raises a § 8 defense, there are no material questions of fact,
and the defendant “shows the elements listed in subsection (a),” then the defendant is
entitled to dismissal of the charges following the evidentiary hearing. Alternatively, if a
defendant establishes a prima facie case for this affirmative defense by presenting
evidence on all the elements listed in subsection (a) but material questions of fact exist,
then dismissal of the charges is not appropriate and the defense must be submitted to the
jury.

 

how can the judge change his opinion from you having a bona-fied dr to not-bona-fied dr 4 years later?

in the same case? did the prosecutor introduce new evidence?

 

i mean, the supreme court said you have to have a sec8 evidenciary hearing. did you do that yet?

Edited by t-pain
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Have a few questions about Due Process. Was I given notice of the penalties for putting 4 plants out in the sunlight Date was May 13 2009. Did the card come with all the instructions needed to keep everyone happy. Or was this entrapment. I ask my attorney if he remembered the charge that they put on me. I think that's kind of been lost in this whole matter too. 14 years Million dollar fine for four plants in a dog pen. To the S C and back and they still don't get it . Its just a weed . Get over your power trips get over your selves   

 

 

                                                                                                        The F  ing Army of ONE

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Have a few questions about Due Process. Was I given notice of the penalties for putting 4 plants out in the sunlight Date was May 13 2009. Did the card come with all the instructions needed to keep everyone happy. Or was this entrapment. I ask my attorney if he remembered the charge that they put on me. I think that's kind of been lost in this whole matter too. 14 years Million dollar fine for four plants in a dog pen. To the S C and back and they still don't get it . Its just a weed . Get over your power trips get over your selves   

 

 

                                                                                                        The F  ing Army of ONE

Due Process ??? i think you maybe right on this i would be taking the court to the S.C none of us should be held to a higher stander then the Judge or the court if they don't know the Law back then how could anyone of us know

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