Medical Marijuana Defense Motion to Dismiss Denied

In Calaveras County, Judge John Martin has denied a motion to dismiss by defense attorney's for medical marijuana patient and collective operator, Jay Smith. Jay Smith was arrested by the Calaveras County Sheriff's Department when undercover deputies used a legitimate patients medical marijuana recommendation to join the collective and purchase marijuana. Smith faces felony charges of Sale of Marijuana,

The motion cited extensive case law, critical examination of the preliminary hearing testimony of Deputies Avila and Hoffman, attorney general guidelines, police reports, and of the hearing itself.

In denying the motion, Judge Martin did not address the medical marijuana defense or any other argument preferred by the defense.

The ruling denying the motion is short and to the point stating:

In ruling on a motion to set aside the information, the reviewing court may not substitute it's judgment for that of the magistrate, and if there is some evidence to support the information, the reviewing court will not inquire into it's sufficiency. Rideout v Superior Court (1967( 67 Cal.2d 471, 474

The evidence at the preliminary hearing need only support a reasonable inference of guilt, and such inference need not be the only inference the court could draw, or even the more probable one.

The court finds there is some evidence to support the information. The motion to set aside the information is denied.

A ruling such as this can be viewed as potentially side stepping the issue and sending it to the trial or appeals process (presuming the defense will appeal).

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On behalf of the campaign, I'm proud to announce the launch of our new website at YesOn19.com! I hope you'll take a moment to check it out -- and then forward this email to five friends, encouraging them to check out the site too.

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Proponent, Yes on 19

Jay Smith's Motion Denied

*BREAKING NEWS*
On Friday, August 20, 2010 before the Hon. John Martin in Calaveras Superior Court, a motion to set aside the charges filed by Jay Smith's attorney Ean Vizzi was heard. An exhaustive brief was filed prior to the hearing on behalf of the defense.

Jay Smith, a medical marijuana patient and operator of a medical collective was arrested Jan. 4 in the Valley Oaks Center parking lot in Valley Springs on felony charges of sales, cultivation and possession of marijuana for sale.

We have received word that the motion to set aside the indictment was denied on Aug 24, 2010.

We are awaiting confirmation, more details, and a copy of the ruling.

More on this story can be found following the links here:
http://calaverascannabis.co.cc/html/calaveras.shtml#Local%20News%20Archive
http://www.calaverasenterprise.com/articles/2010/04/13/top_story/top01_marijuana.txt