MMJ conviction in Grays Harbor county

Well on Friday Feb. 19th in Grays Harbor county James Barber Sr was found guilty of possession of less than 40 grams. The judge denied all Mr. Barbers motions filed with the court. An appeal will suely follow.

The jury unanimously found Mr. Barber guilty after approx. 20 minutes of deliberation . The evidence presented to the jury was that Mr. Barber was speeding/following to closely and when the officer approached the vehicle and stated he smelled marijuana and Mr. Barber handed the officer his marijuana.

Had the jury been able to actually hear the truth of the case with all the relevant evidence like the case was dismissed in Feb. of 2008, the prosecutor never filed any appeal yet, filed charges instead when requested to return the medicine. Mr. Barbers medical history and medical records, his valid authorization aswell as the amount actually taken from him.

don't tell me, you represented yourself?

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Originally Posted by justpics

don't tell me, you represented yourself?

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Justpics,

Your funny ^^^^^, no I did not rep. myself. I had a lawyer named alex hamalian out of portland oregon who was my att. on my last MMJ patient possession case I won, ever heard of entrapment by estoppel(look it up).

The reason I lost at the local level is because my son and I are suing this judges friends and police dept. et.al.. So he the judge stepped up and took a case that was dismissed in the same court by a different judge on Feb. of 2008 under state v. ladson, pretext, the state never filed an appeal, instead criminal charges and infront of a different judge.

This case will make the only patient friendly case law so far here in wa......if not I will eat my underwear in public on the supreme courts steps in front of god and everybody.;)

Bummer James

Only charged you after you asked for your medicine back??? Widbey Island is in Gray's Harbor is it not? That seems like a mind-your-own-business type of place. :(

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Originally Posted by gypski

Whidbey Island is in Gray's Harbor is it not? That seems like a mind-your-own-business type of place. :(

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It generally is, and is one of my favorite places in Washington, though if you piss off a judge there it can go badly for you. I received three times the jail time there for one conviction than I did in King Country for the exact same offense, and the Whidbey sentence was the first sentence, so 'repeat offender' considerations did not apply.

For what it's worth, I have absolutely no idea why the judge in Whidbey had something against me. I am always completely respectful towards law enforcement and judges, which has almost always served me very well. In this particular case, the judge seemed offended that I would commit any crime within his city or something. I dunno. In any case, we are talking small potatoes here, just several weeks at the minimum-security work camp at the Evergreen State fairgrounds in the off-season.

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Originally Posted by jamessr

Well on Friday Feb. 19th in Grays Harbor county James Barber Sr was found guilty of possession of less than 40 grams. The judge denied all Mr. Barbers motions filed with the court. An appeal will suely follow.

The jury unanimously found Mr. Barber guilty after approx. 20 minutes of deliberation . The evidence presented to the jury was that Mr. Barber was speeding/following to closely and when the officer approached the vehicle and stated he smelled marijuana and Mr. Barber handed the officer his marijuana.

Had the jury been able to actually hear the truth of the case with all the relevant evidence like the case was dismissed in Feb. of 2008, the prosecutor never filed any appeal yet, filed charges instead when requested to return the medicine. Mr. Barbers medical history and medical records, his valid authorization aswell as the amount actually taken from him.

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I thought you had a MMJ arguement.

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Originally Posted by killerweed420

I thought you had a MMJ arguement.

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That don't mean a judge will listen to it. I must have argued something over the last 2 yrs.lol. maybe with myself huh?lol.

The MMJ cases now are mostly case law one's the state is trying to make bad for us. I am going to appeal until it hits the u.s. supreme ct., due process claims.

The judge most definitely abused his discretion denying my Aff. Def. because my DDD-pain authorization expired in 07' which superseded my barretts-pain authorization of 04' with no-expiration date on it because it was for the "same drug". Dr. Orvald never did testify or write any affidavit or anything for the state, just the THCF CEO did, which does not mean anything under the laws of our state regardless of his CEO claim.

On too my appeal we shall see what happens.

You should have done like they did in the Pt. Orchard case. Orvald din't want to testitfy so the defense attorney supeoned him to force him to testify.
You don't have to have an MMJ authorization in Washington to argue for MMJ use. All it says is a medical neccesity is all thats required and you have that clearly.
Orvald ended up the deciding factor in the Pt.Orchrd case because he had to clearly testfiy why his patient neede the extra MJ. He'd of skit his own throat if he had testified otherwise.

The court would not allow him to tesify, nor did the state want him too. He was the states witness since they filed on me. It was a great hide the wenie trick which will backfire on all them when my appeal get's heard.

This case was about stealing property, my medical records we denied the city of hoquiam in our suit, so we got criminal charges so they could get bogus warrants to get them form THCF in oregon., not wa. cause I never was seen in wa. ever !!.

Someone got their tit in the ringer and had too cover it up.lol. I ain't done yet by all means.