Pro Pot Law Holds No Sway 

Pro Pot Law Holds No Sway 
Posted by CN Staff on July 23, 2007 at 06:17:19 PT
By Tracie Dungan
Source: Arkansas Democrat-Gazette
Eureka Springs, Arkansas -- A pro-marijuana initiative approved by Eureka Springs voters in November has had no impact on how police handle arrests for misdemeanor possession, city officials say. Voters passed an ordinance directing police and prosecutors to make possession of less than an ounce of marijuana a low law-enforcement priority. Under Arkansas law, such possession is a Class A misdemeanor, which is punishable by up to a year in jail and a $ 1, 000 fine.
Eureka Springs Mayor Dani Wilson contends there’s been no change. “The misconception here is that everybody thought when this thing passed that it was OK to run around with marijuana — it’s not,” she said. Police Chief Earl Hyatt said there are several reasons the ballot measure’s success hasn’t changed things. Hyatt repeated last week what he said last fall: His department had enforcement discretion before voters passed the ordinance. “Simple possession of marijuana has always been a low priority for us,” he said, meaning officers can decide whether to pursue charges with such a small amount. In Arkansas, anyone arrested on a Class A misdemeanor must be booked and fingerprinted at a jail. The arresting officer can then decide whether to hold the person or allow a release on a citation, Hyatt said. However, since officers don’t actively pursue misdemeanor marijuana possession cases, this dilemma rarely comes up, the chief said. Most of the city’s minor “pot” possession arrests occur after suspects brought in on other offenses are searched at the jail’s book-in counter and marijuana is discovered, he said. Any change in misdemeanor marijuana arrests is tied to chance and the city’s overall arrest numbers, which can fluctuate, he said. For instance, there were 12 such marijuana arrests in the first half of this year, which accounted for 4. 3 percent of the total 279 arrests for all offenses, Hyatt said. That’s double the number of minor marijuana arrests for the same period in 2006, when the city had six, accounting for 2. 4 percent of the 252 total arrests. One supporter of the ordinance, Bill King, said his observations and conversations with other residents lead him to believe the city officials are correct in their assessments of the ordinance’s impact. “I don’t sense that there’s been any change,” said King, the former publisher-editor of the Lovely County Citizen newspaper who now owns an antique mall. “Although I think the symbolism is a really good thing,” he said. He doesn’t believe police pursued misdemeanor marijuana possession before, nor were they “overly concerned” with it. King said he’d prefer to see marijuana possession and use legalized. King doesn’t recall that the marijuana initiative received much opposition, certainly nothing like the backlash that the city’s successful domestic partnership registry for unmarried couples spawned this year. Wilson said the marijuana ordinance is more of a symbolic statement than anything else. “The police cannot ignore state and federal law; they cannot do that,” she said. “This thing was just an olive [branch ].” Wilson said she didn’t campaign on the issue while seeking the mayor’s seat last fall, but she did oppose it personally, voting against the initiative petition on the November ballot. She couldn’t support it because of its conflict with state and federal laws, she said. Its presence doesn’t bother her, she said. “I know our police force is going to do what they need to do in any given. situation,” the mayor said. “I know they are going to uphold the law.” Last year’s effort in Eureka Springs didn’t originate within its borders. A registered student organization at the University of Arkansas at Fayetteville, an affiliate of the National Organization for the Reform of Marijuana Laws, known as NORML, collected 156 petition signatures in September 2006, about a dozen more than needed to put the question to Eureka Springs voters. The group tried the petition there after two simultaneous petition efforts it started in Fayetteville last year proved daunting. NORML needed about 3, 600 signatures in Fayetteville for a similar enforcement-priority change and for another that involved medical use of marijuana, said Ryan Denham, who was Fayetteville NORML’s campaign director last fall. The latter would have urged that doctors not be prosecuted for recommending medical use and that prosecutors leave patients alone, as well. The petition drives took place from April to June 2006, but were aborted when organizers realized they were running out of help and time to make election law deadlines. Denham said the Fayetteville campus proved to have few students who were registered voters, and many who could vote were registered back in their home counties and couldn’t have cast a Fayetteville ballot. Denham is still an adviser to Fayetteville NORML and is president of a statewide organization with similar goals, Alliance for Reform of Drug Policy in Arkansas. Eureka Springs is the only city in Arkansas where any sort of marijuana reform law has passed to date, Denham said. After the ordinance’s approval, Denham said then that Fayetteville NORML would turn its attention to getting a similar initiative passed in Fayetteville in 2008. But last week he wouldn’t reveal the group’s specific plans, the kinds of initiatives or the cities where it might try them. He would only to say the group was exploring initiatives throughout the state and weighing its options. Establishing a low law-enforcement priority is the most conservative change in marijuana laws and is about the only one that can be accomplished locally, Denham said. Allowing medical use and legalization each would require statewide change, either through the Legislature or through the initiative of voters. Under current laws, decriminalization couldn’t be accomplished locally or at the state level, he believes. “You really can’t decriminalize in Arkansas because it is not a ‘home-rule’ state,” said Denham, who tracks pro-marijuana successes nationwide. Arkansas cities and counties can’t contradict state statutes. Decriminalization, generally and broadly, means a lessening of criminal penalties, a decrease in fines or both, he said, adding that the Eureka Springs’ initiative doesn’t seek such changes. Denham said the arrest statistics showed him that, since the ordinance became effective the marijuana arrests have stayed “pretty much the same” when compared to Eureka Springs ’ overall arrests. “The sky hasn’t fallen there — the sky has not fallen,” he said. “Drug hippies have not infested the town of Eureka Springs, as our opponents might have you believe.” Despite business as usual, Denham said, “it sends a very clear message to Eureka Springs and its law enforcement officials that [residents are ] fed up with a costly and unjust war on ‘pot.’” Source: Arkansas Democrat-Gazette (Little Rock, AR)Author: Tracie DunganPublished: Monday, July 23, 2007Copyright: 2007 Arkansas Democrat-Gazette, Inc.Contact: Articles & Web Site:NORML Energizes ‘Pot’ Law Backers Hamlet Puts Pot's Priority to a Vote
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Comment #43 posted by unkat27 on July 27, 2007 at 05:59:21 PT
Poll at Blah3
Check out the poll to impeach Bush and Cheney at Blah3.com99.9 percent in favor.The people speak and Congress ignores them. So much for majority rule, eh?
Blah3 poll on Impeachment
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Comment #42 posted by Dankhank on July 26, 2007 at 12:34:17 PT
another thought ...
here's an idea I must have been working toward ...impeach the GOP:
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Comment #41 posted by Dankhank on July 25, 2007 at 11:46:34 PT
right on
uncat27, I must heartily agree ...The Iraq adventure never should have happened, and did, due to the shallow intransigence of the cowardly Democrats. The same will happen with Iran if the Democrats continue that position.Problem is we can't impeach enough of the Republicrats fast enough to end the madness. Doesn't mean we shouldn't try ...
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Comment #40 posted by unkat27 on July 25, 2007 at 09:34:40 PT
Why I don't like Obama, Clinton
They both support Iran sanctions. Iran sanctions are built on the same lies as the Iraqi war, and they are designed, like all sanctions, to weaken a country for a preemptive war. "Candidates Hop Aboard the Iran Sanctions Bus"by Khody Akhavi the hell did Iran do to deserve these sanctions? Nothing, absolutely nothing!The US empire is mass-murdering Iraqis for no good reason and they have been building a similar case against Iran, for what? So that they can bomb them and steal their oil too?Screw Obama and Clinton and any and every damn politician that supports sanctions against Iran!
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Comment #39 posted by mayan on July 24, 2007 at 17:19:55 PT
From what I've heard,the Bush family lived somewhere up north but pretty much got ran out of town. They then moved to Texas, started throwing their money around and were well received. They say everything is bigger in Texas (a**holes included). The rest is history. Bush-Nazi Link Confirmed - Documents in National Archives Prove George W. Bush's Grandfather Traded with Nazis - Even After Pearl Harbor: on the Dead:
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Comment #38 posted by DjLoTi on July 24, 2007 at 09:55:02 PT
The GOP debates on August 5th...
I'm going to be there, and I'll be broadcasting live on ...If you guys don't want to turn on the tv... you can tune into me... we'll be cooler.... kudos
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Comment #37 posted by Richard Zuckerman on July 24, 2007 at 08:31:24 PT:
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Comment #36 posted by museman on July 24, 2007 at 08:24:58 PT
I tried not to be a 'hippie', but by the cultural meaning -not the way it's being used to denigrate people. I didn't even come to my long hair for any of the generational reasons, I already had one. After years of trying to explain why I wasn't a hippie, I finally gave up and just accepted it. I don't have to accept all this wholesale ignorance being ladled out by the DEA and their various minions.I guess I'm just going to have to return the favor and coin a nomenclature to describe the rich, fat, putrescent, 'high society', demons that parade their polluted souls around like badges of honor. I'm working on it.
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Comment #35 posted by museman on July 24, 2007 at 08:16:43 PT
If it weren't for the fact that for most of us are already aware of Bush's Nazi history, the news would be a good explanation for the fool and his actions. The fact has been discusssed in many threads. Bush is a Nazi. We knew that before his daddy and the CIA -and unseen 'shadow government'- stole the election for him, twice. The history just confirms it.
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Comment #34 posted by museman on July 24, 2007 at 08:10:22 PT
The closest thing I know of -in video- to Herer's book, is 'Let My People Grow' on youtube now for several months. It is based on the book, and endorsed by him with a little message at the end. The part about the congressional racists did not get any focus however, and another sequel is certainly called for.
Let My People Grow
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Comment #33 posted by ekim on July 24, 2007 at 06:51:20 PT
FoM i hope some of those questions show up here
a you tube of Jacks book would be a good start"Did Anyone Consult the AMA?"
However, even within his controlled Committee hearings, many expert witnesses spoke out against the passage of these unusual tax laws. Dr. William G. Woodward, for instance, who was both a physician and an attorney for the American Medical Association, testified on behalf of the AMA. He said, in effect, the entire fabric of federal testimony was tabloid sensationalism! No real testimony had been heard! This law, passed in ignorance, could possibly deny the world a potential medicine, especially now that the medical world was just beginning to find which ingredients in cannabis were active. Woodward told the committee that the only reason the AMA hadn't come out against the marijuana tax law sooner was that marijuana had been described in the press for 20 years as "killer weed from Mexico."The AMA doctors had just realized "two days before" these spring 1937 hearings, that the plant Congress intended to outlaw was known medically as cannabis, the benign substance used in America with perfect safety in scores of illnesses for over one hundred years. "We cannot understand yet, Mr. Chairman," Woodward protested, "why this bill should have been prepared in secret for two years without any intimation, even to the profession, that it was being prepared." He and the AMA" were quickly denounced by Anslinger and the entire congressional committee, and curtly excused.3 *The AMA and the Roosevelt Administration were strong antagonists in 1937. When the Marijuana Tax Act bill came up for oral report, discussion, and vote on the floor of Congress, only one pertinent question was asked from the floor: "Did anyone consult with the AMA and get their opinion?"Representative Vinson, answering for the Ways and Means Committee replied, "Yes, we have. A Dr. Wharton [mistaken pronunciation of Woodward?] and {the AMA} are in complete agreement!"With this memorable lie, the bill passed, and became law in December 1937. Federal and state police forces were created, which have incarcerated hundreds of thousands of Americans, adding up to more than 14 million wasted years in jails and prisons - even contributing to their deaths - all for the sake of poisonous, polluting industries, prison guard unions and to reinforce some white politicians' policies of racial hatred. (Mikuriya, Tod, M.C., Marijuana Medical Papers, 1972; Sloman, Larry, Reefer Madness, Grove Press, 1979; Lindsmith, Alfred, The Addict and the Law, Indiana U. Press; Bonnie & Whitebread; The Marijuana Conviction, U. of VA Press; U.S. Cong. Records; et al.) 
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Comment #32 posted by FoM on July 24, 2007 at 06:34:39 PT
Sinsemilla Jones 
I read in my e-mail yesterday that there were some questions on marijuana submitted but CNN didn't use any of them. If we didn't have the Internet we wouldn't have a voice at all. 
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Comment #31 posted by PatrioticDissension on July 24, 2007 at 02:14:17 PT
I was browsing the net for comparisons between Bush and Hitler and came across this little gem. Apparently the bush family had money invested in nazi stocks and even did pro nazi thing during world war II.... click to watch
Bush family has nazi ties.
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Comment #30 posted by Sinsemilla Jones on July 23, 2007 at 21:33:59 PT
Cannabis issues ignored in debate.
I haven't been to youtube to view all the potential questions, was this the fault of CNN's choice of questions or our fault for not submitting them?I thought there was opportunity for the candidates to bring up hemp when renewable energy was discussed, and to mention medical marijuana when health care was the issue, but no one did.
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Comment #29 posted by FoM on July 23, 2007 at 20:01:12 PT
It's being repeated now on EDT. Check CNN and see when it's repeated in your area.
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Comment #28 posted by Hope on July 23, 2007 at 19:36:35 PT
I'm sorry about that guy's stupid remark about hippies. I'm offended, too.
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Comment #27 posted by Hope on July 23, 2007 at 19:32:42 PT
Didn't get to see the debate.
Was it not on TV? I thought I'd found it, but it was just an after the debate discussion.
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Comment #26 posted by FoM on July 23, 2007 at 18:26:18 PT
About The Debate
I found the Youtube format really great. I see the differences between the candidates. I really felt the energy that came from this debate. I liked the laughing too. It lightened it all.
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Comment #25 posted by mayan on July 23, 2007 at 18:00:05 PT
“The sky hasn’t fallen there — the sky has not fallen,” he said. “Drug hippies have not infested the town of Eureka Springs, as our opponents might have you believe.”No, "drug hippes" have not infested the town of Eueka Springs, but drug terrorists have infested our government, and Britains...Britain is protecting the biggest heroin crop of all time: act while there is still time...Immediate Action Item: Them Both Judiciary Fax Blast! Send a fax to Rep. John Conyers, Jr., Chair of the House Judiciary Committee! Tarpley Strongly Endorses Impeachment NOW, to Stop the Next False Flag Attack: WAY OUT IS THE WAY IN...9/11 – Fool me once... Truth is Truth 101 (An Apple is an Apple): 9/11 Activists Demand Impeachment: Runs from Confrontation on WTC7 and Camps: Sleight of Hand Demoltion charges: and Aviation Professionals Question the 9/11 Commission Report: House preparing to stage new September 11 - Reagan official:'s Martial Law Plan Is So Shocking, Even Congress Can't See it:
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Comment #24 posted by FoM on July 23, 2007 at 17:39:00 PT
We took the boat to the lake and launched it. We got the motor started and then it started stalling. We brought it in and they think they know what needs fixed we hope. We'll try again but it was fun just getting out a little.
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Comment #23 posted by Hope on July 23, 2007 at 17:18:27 PT
The Debate
I'm planning on watching it with you.Hope you had a great day at the lake...and didn't get sunburned.
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Comment #22 posted by RevRayGreen on July 23, 2007 at 17:17:51 PT
I've got the debate
preview going, I hope someone gets a Hinchey question in.
I'm going to get one filmed for the next one.
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Comment #21 posted by whig on July 23, 2007 at 16:46:39 PT
I think Joe Biden is as much a Republican as Joe Lieberman.
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Comment #20 posted by whig on July 23, 2007 at 16:01:41 PT
Thanks for the reminder, I've got it on now.
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Comment #19 posted by FoM on July 23, 2007 at 15:56:19 PT
I'm Getting Ready For The Debate
We just got back from the lake and I am ready to watch the debate. It's fun to watch. I hope others will watch too.
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Comment #18 posted by whig on July 23, 2007 at 15:21:31 PT
Should we just start calling him that?
Der Führer would exterminate us if he could, but we are too visible and popular. Now Bill Orally calls DailyKos a nazi on his program, and it doesn't offend me so much as make me more willing to call a spade a spade. Everyone knows that Bill Orally is a white supremacist.
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Comment #17 posted by whig on July 23, 2007 at 15:13:46 PT
Bush's executive order
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Comment #16 posted by whig on July 23, 2007 at 15:11:36 PT
They don't say "supreme leader" they say commander in chief because it makes them feel smart to use words that were in the constitution without understanding their meaning, relevance and context. It means the same thing, it is called "der Fuehrer" in the original German.
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Comment #15 posted by whig on July 23, 2007 at 15:09:19 PT
I don't mean everyone who voted for George Bush is an enemy, but people who are arguing that he is the supreme leader and we have to do whatever he says because the terrorists are some sort of existential crisis for this country. They themselves, these fascists are the existential crisis. That is what I am saying.
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Comment #14 posted by whig on July 23, 2007 at 15:06:13 PT
Turn it around, who are the present enemies of America?Fascists, Bushists, Neocons.
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Comment #13 posted by dongenero on July 23, 2007 at 15:02:24 PT
"drug hippies", "terrorists", "boogey man".For Anslinger it was "mexican", "negroes", "jazz musicians".Label for "the enemy". These are nebulous, unclear and ill defined enemies. But clearly, the enemy. They are handy, because being so poorly defined, they can be whatever the fearful bigot wants them to be. The worst he can imagine. He can think about it and think about it, and build them up in his mind. If he has difficulty, there are other bigots to help him define the enemy in his imagination. Anslinger helped. Limbaugh helps, Coulter helps. Then the power mongers can wink at the bigots and the bigots believe they are "in the know". The power mongers are now happy that they have created a common "enemy" to further their power with the approval of the bigots.Fabricated hatred and intolerance. It's how racism works.
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Comment #12 posted by observer on July 23, 2007 at 14:21:10 PT
pot arrests
Eureka Springs, Arkansas -- A pro-marijuana initiative approved by Eureka Springs voters in November has had no impact on how police handle arrests for misdemeanor possession, city officials say.In other words, police ignore laws the police don't like. Gotcha.
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Comment #11 posted by museman on July 23, 2007 at 14:19:47 PT
f_u_2 bigoted blind guide
“The sky hasn’t fallen there — the sky has not fallen,” he said. “Drug hippies have not infested the town of Eureka Springs, as our opponents might have you believe.” Drug hippies. Was that really necessary? Obviously, because 'drug hippies' are what's really wrong in the world.Boy I bet if I started talking 'niggers' and 'kikes' and 'spics' and 'whops' and 'whitey' in my references I'd make lots of friends right?Save us from the Devil petending to be a friend.
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Comment #10 posted by whig on July 23, 2007 at 10:48:52 PT
Looks like Colorado is getting to be like California soon.
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Comment #9 posted by whig on July 23, 2007 at 10:38:48 PT
Richard Zuckerman
As I understand the logic, and I do not know the circumstances of your particular case, a criminal conviction is a determination beyond a reasonable doubt that a person committed a crime, therefore any evidentiary claims would not be resolvable by a civil proceeding. Have you considered petitioning the governor for a pardon?
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Comment #8 posted by jmoran on July 23, 2007 at 10:30:41 PT
Attorney Jeremy Blank reports: 
In exchange for SD NORML's agreement not to pursue attorney's fees claims against Merced County, which intervened in the San Diego v. San Diego NORML case, we were able to negotiate a revised Sheriff's Medical Marijuana Policy in that county, a final copy of which is attached.Merced's policy is an exemplary model of what a MMJ policy should be.
  * It provides that patients will be protected from arrest if they have a State ID card and are within SB 420 limits. It adds that "No deputy shall refuse to accept a properly issued ID card" unless there is reasonable cause to believe it is fraudulent.
 * Patients are also protected if they provide (1) ID showing California residency and (2) a written physician's recommendation. 
 * Caregivers must give proof that they are responsible for the patient's health, housing or safety, and provide proof of the personal knowledge of the patient's needs and physician's recommendation.
  * All marijuana is to be left in the possession of legal patients & caregivers.  Marijuana that is taken in evidence for a criminal case will be returned only on court order.Thanks to Jeremy Blank for negotiating this.  Across California, law enforcement is being forced to come to terms with 215.
  D. Gieringer, Cal NORML
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Comment #7 posted by FoM on July 23, 2007 at 09:15:05 PT
Press Release from the Drug Policy Alliance
Call Congress Today about Key Medical Marijuana VoteJuly 23, 2007
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Comment #6 posted by Richard Zuckerman on July 23, 2007 at 08:45:32 PT:
In Heck v. Humphrey,  U.S. (1994), the United States Supreme Court created an odious policy which requires the criminal conviction to be vacated as a precondition to suing for damages, even after the convict is no longer in custody. On July 5, 2007, posted the unpublished Appellate Division opinion upholding the dismissal of my lawsuit because the municipal court conviction has not been vacated under Heck v. Humphrey. As to my claim that New Jersey Rule of Evidence 803(c)(22), Trisuzzi v. Tabatchnik, 285 N.J.Super. 15, 25 (App. Div. 1995) holds that a municipal court conviction is inadmissible in any civil action, that there is no comparable Rule of Evidence in the Federal Rules of Evidence, the panel commented that New Jersey Rules of Evidence 803(c)(22) DOES NOT APPLY TO A MOTION FOR SUMMARY JUDGMENT/DISMISSAL, ONLY AT TRIAL! Yesterday, I spent an intensive hour researching in the law library and found that the federal courts do indeed apply the Federal Rules of Evidence when deciding motions for summary judgment/dismissal! I personally delivered motion for reconsideration to the Appellate Division Clerk's Office. This morning, Team 1 Case Manager Edward Costantini, (609) 984-4735, told me the motion for reconsideration was submitted last Wednesday and suggested I call back this Wednesday for a final decision by the panel on my motion for reconsideration. We only have 20 days to ask the New Jersey Supreme Court for Certification after the panel decision! I plan to ask New Jersey's Highest Court [the new Chief Justice, Stuart Rabner, is only 47...I wonder if he ever toked?]:
[1] Does Heck v. Humphrey apply to municipal court convictions in a lawsuit alleging violation of the State Constitution, in light of the Olivieri v. Y.M.F. Carpet, Inc., N.J. 2006, on collateral estoppel, Doe v. Poritz, N .J. 1997, on the doctrine of fundamental fairness;
[2] Does New Jersey Rule of Evidence 803(c)(22), Trisuzzi v. Tabatchnik, 285 N.J.Super. 15, 25 (App. Div. 1995), apply to a motion for summary judgment/dismissal?
[3] Does the New Jersey Constitution, Article 1, Paragraph 1, prohibit the police from framing a suspect?
[4] Does the New Jersey Constitution, Article 1, Paragraphs 1, 6, prohibit the police from engaging in a retaliatory prosecution?
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Comment #5 posted by dongenero on July 23, 2007 at 08:19:05 PT
Thanks for sharing that small victory here.It gives one hope that there are still embers of freedom, democracy and justice glowing under burned out ashes of poor stewardship the Neocons are leaving us with.
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Comment #4 posted by Christen-Mitchell on July 23, 2007 at 08:05:33 PT:
Never so proud of a Judge
I was in court last week to have my probation modified to allow use under the Colorado medical marijuana laws. A constitutional amendment has effectively separated medicinal use from criminal penalties.The neo-con D.A., using something similar to Alberto Gonzales justice and American military intelligence(none), slandered my Doctor and asserted that I had no illness.Never have I been so proud of a judge. Every sentence she spoke was in defense of my right to self medicate. It is very difficult to find justice in a courtroom. It is a thrill to see. A continuation was ordered, but I look forward to the first legal joint of my life after more that 40 years of being an enemy of the police-state. Cannabem Liberemus
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Comment #3 posted by RevRayGreen on July 23, 2007 at 08:05:12 PT
I called in to support the Hinchey
this morning and the guy in Grassley's office had no idea what the ammendment was for. So I educated him........
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Comment #2 posted by dongenero on July 23, 2007 at 07:36:51 PT
grass roots will lead to federal change
I do not think there will be change at the federal level until there is enough grass roots pressure from the state and local levels which is driven by the people. Change will be driven by the People not the Feds.
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Comment #1 posted by smoknjoe on July 23, 2007 at 06:49:59 PT:
pro pot law
you have to change the federal laws not state laws. changing state laws are a waste of time and money. the proof is in the pudding,look at Colorado.
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