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Showing posts with the label unconstitutional

A Modicum of Success for Simone Solomon

The NTSB has ruled on the case of Simone Solomon.  She has prevailed on her appeal and the decision is being remanded. Bad science has no place in law.  Bad science has no place in opinions.  Finally, someone has pointed out where the problems lie.  The US Coast Guard has problems with science.  So, DOT drug tests and USCG drug tests are completely valid, but their experts opinions are not. Now I did a trial with the US Coast Guard on this issue.  I don't want to sound paranoid, but I believe that over lunch they stole my only paper copy of my closing statement.  It's true that I believe it, but I'm still not certain what happened to my closing statement that day.  I packed it up in my materials and after lunch when I made my closing statement- it was gone.  Even though I didn't need it, I spent a few hours looking through the materials that I had with me at trial.  The closing statement was not there.  After the trial concluded...

How Drug Possession Weight is Calculated in Florida

Mike Riggs  recently commented regarding Florida's drug possession laws reporting about a person in Florida who was fired from his job due to what he, and one person in possession of LSD , deem to be a mandatory minimum within the drug law.  The "inordinate mandatory minimum" within the drug law that he wrote upon, dealt with the medium in which the LSD was fixed.  In this case, he had or roughly 25 doses of LSD fixed to paper, which would weigh, without the paper, 4-5 milligrams.  I do not know how the e-mailer exactly got away with his claim that this was just a small quantity of LSD, however because it was fixed in a medium, he qualified for a mandatory minimum sentence under the guidelines.  Even though 25 doses isn't necessarily a "small" amount of LSD in the eyes of an average jury, it had a devastating effect on his life which was out of proportion to his crime. This raised an interesting comment made by Greg Newburn of FAMM (Families Against Man...