Never any response or assistance whatever from ASA.
On Sept 19, 2012, the judge denied repeated requests for counsel, and for appointment of a medical expert after stating on the record that testimony (LIVE - for a frigging motion hearing!) from a licensed physician would be necessary to establish Kimberly's "amount of marijuana in excess of the limits in H&S 11362.77(a)" was necessary (recall that this event transpired in Sept. of 2003, so SB420 wasn't even in effect then.)
When it was pointed out to the judge that SB 420 wasn't in effect, Kimberly was shouted down. Kimberly tried to submit declarations by Dr. Denny, and Chris Conrad, and wasn't permitted to do so because the judge claimed they would be "hearsay" - on the basis that the People would have no chance to cross examine them. (utter BS of course) The judge also refused to accept most of Kimberly's long line of MMJ recommendations as evidence.
The judge refused to allow Kimberly, or me, to testify about Kimberly's medical needs for marijuana.
Naturally, the judge ruled that Kimberly failed to establish that she was entitled to the return of the marijuana.
Just because the bitch judge pulled that BS about not letting Kimberly even FILE IN the declarations, a week later I did a motion for reconsideration, and attached all the declarations to get them into the record. The judge said that my 27-page motion was just a "disagreement about rulings on evidence, so doesn't meet the requirements of CCP 1008".
I'm almost done with the writ now. I expect it will be ready to print this week. As a placeholder, we filed a Notice of Appeal, with a request for counsel, and a note that it should also be considered as a Petition for a Writ (on the very last day - hahahaha!)
Boy, am I pissed.
Last edited by Spookk (2012-11-24 19:45:25)