1.19.2010

Wise County Marijuana On Trial

I had a DWI case set for trial this morning but it pled out at the last moment (which is bittersweet because that's a ton of prep gone down the tubes but with a result my client was happy with -- I even got a "fist bump".) Anyway, the back-up case that the jury is actually hearing is a misdemeanor marijuana case. Those don't go to trial very often, as they shouldn't, so this is a bit of a rarity. (I'll explain what's going on behind the scenes once it's over.) But, having dodge a trial, I sat around to watch jury selection hoping to learn something. In a word: Fascinating. Of probably 30 potential jurors, at least five said it should be legalized. One guy went so far to say, "We ought to legalize it and tax the hell out of it!" But almost everyone else, save two or three, said they did not have "strong feelings" about the marijuana laws with several saying, "I couldn't care less one way or another." That's pretty strong when most of the jury panel really doesn't care about the crime allegedly committed. One guy even admitted to using marijuana, and the vast, vast majority said they had been "in close proximity" to marijuana being smoked. Then, as the jury panel was being excused on a break, one of them looked at me and said, "If you get caught with the s&^%, just fess up and do your time. Maybe I was raised different than everyone else." Power. Down. (Since one of the issues is whether the marijuana was a "usable amount" as required for prosecution. I believe the evidence is going to show it was .06 grams.) Jim Shaw is the defense attorney. I might have been the only one, be he entertained the heck out of me. Edit: A mistrial was declared after one of the craziest developments I've heard of. More later.

12 comments:

Anonymous said...

Not enough to make a brownie...

Anonymous said...

.06 grams? That's not enough for anything. Wow, so much money wasted on .06 grams of a PLANT. I can't imagine that a plant could be made illegal...it's a plant!!!!!

Anonymous said...

Legalize it and go find some real criminals to prosecute.

Anonymous said...

Hey 12:46, lame arguement. What do you think they make cocaine and heroin out of?

Honestly, is a sampling of people threatened with a day or two of lost wages doing what they can to not get picked on a jury, an accurate argument for mass approval of legalization of marijuana? And if there is such an outcry for this form of justice, wouldn't your candidacy for the state legislature on a platform of legalizing marijuana not only mean guaranteed election, but accomplish a lot more than representing these wronged individuals and whining about it in your blog?

And though I am sure Mr. Shaw is adequate representation, his transparent, egotistical belief that his big city pedigree combined with his attempt to fool the hayseeds that he is just a "good ol' boy" was far more condescending than entertaining. Do lawyers wonder if their persona ever cost one of their "innocent" clients, or does ego prevent that?

RPM said...

Legalize it, tax it and move into the 21st century already.

Anonymous said...

2:27 Mmmmm.....that big city lawyer just won his case. What ya think about that?

Anonymous said...

Which way to Paradise?

Anonymous said...

2:27,

Hm, did you think about all the other things that are added to the coca plant and opiates to make cocaine? Yet on the other hand, you pick the bud off of the marijuana plant, break it up, and smoke it...plain and simple. You're argument is lame, sir. Did you ever think of the overall benefits of legalizing marijuana?

Comparing marijuana and cocaine completely shows your ignorance.

Keep it natural.

420.

Anonymous said...

I think 2:27PM could be some kind of whacked out prosecutor type, or a frustrated wanna be ATF agent that didn't pass muster, or.......what's y'all's guess?

Anonymous said...

Hey 4:07! Read Barry's post at 7:30 and see how big city did. Go smoke some more weed. Notice how all of the jobless potheads are around for this post, but the working guys that don't have time to sit around and do dope all day show up for the later stuff?

Anonymous said...

way to go 11:36...Not all partakers of the wonderful plant are jobless..they are very functioning parts of society that have deep insight..god forbid the good guys..you know the ones that there wifes hate that that swallow countless loads of Wellbutrin, Paxil, Xanax then chase it w/ a Gallon of scotch and go home everyday to there fat ass wifes who have been watching Ellen all day and then they sit around all weekend hating there Life...Go watch 60 mins and play into whats been beaten into you your entire life..You will never stop it, slow it down..ever..just keep thinking that...

Anonymous said...

I know very few "potheads" that are jobless. I smoke pot all day long and have a job. Maybe you should get rid of your stereotypical idea of a pothead and rethink the whole situation.

It's funny really...

Would you rather have the drunk that can barely stand up (let alone drive) who throws up all over the place, or have the stoned guy over there just hangin' on the couch not causing any problems?

Pot is beneficial when used to for the right reasons, but isn't harmful when you are just partying either.


420.