Another Case Dismissed
December 6, 2022 – Through the diligence and tenacity of trial attorney Michael Komorn and the team at Komorn Law. We are proud to announce – another case dismissed.
Drug Recognition Evaluator Testimony Not Valid after COA Opinion
Komorn Law in conjunction with Rudoi Law and the Michigan Association of OWI Attorneys filed an amicus brief in support of the Defendant-Appellant, who was being prosecuted in the lower court for ”operating while intoxicated by marijuana.”
With the filing of the amicus brief in this appeal, the expert testimony of a DRE – in driving while intoxicated or impaired cases – can no longer be used in court.
In this case the prosecutor and lower court relied on the testimony of an expert DRE (drug recognition evaluator) to prosecute this case.
Appeals Court Agreed with the Defendant
The Michigan Court of Appeals ruled on this case agreed with the defendant and the amicus filing by Komorn Law and Rudoi Law that the DRE protocol for determining a subject’s level of impairment ‘has not been validated’.
The Court Further Stated That
“There simply is no evidence in this record to support that the DRE protocol can reliably be used to detect the degree or level of intoxication caused by marijuana and determine whether that level of intoxication has made the person unable to safely drive a motor vehicle”.
Expert DRE testimony was inadmissible under MRE 702
The court ruled that the proposed expert DRE testimony was inadmissible under MRE 702 and reversed and remanded the case for further proceedings consistent with their opinion.
With the filing of the amicus brief in this appeal, the testimony of a DRE as an expert in driving while intoxicated or impaired cases can no longer be used in court.
Komorn Law
Attorney Michael Komorn has been on the frontline of legal defense in cannabis law, DUI, OWI, criminal defense casework and continues to lead the way in discrediting invalidated investigative methods used by law enforcement in determining a defendant’s innocence or guilt for his clients. If you’re looking to hire a true fighting lawyer… you have found him. Contact Komorn Law for a free case evaluation
Read the documents here
- Bowden – COA Opinion
- Bowden-AMICI CURIAE BRIEF OF THE MICHIGAN ASSOCIATION OF OWI ATTORNEYS AND MICHIGAN MEDICAL MARIHUANA ASSOCIATION
- Bowden Case Exhibits
- Michigan-rules-of-evidence
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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Nevada Judge Rules Cannabis Can No Longer Be A Schedule 1 Drug
A Nevada judge has ruled on a closely-followed lawsuit that could have precedent setting influence on a federal level. He determined that the Nevada Board of Pharmacy can no longer list cannabis as a schedule one drug. It was a clear victory for the American Civil Liberties Union (ACLU) of Nevada, which filed the lawsuit back in April 2022.
On Wednesday, District Judge Joe Hardy Jr. sided with the ACLU’s argument that marijuana has an accepted medical use, because voters amended the state constitution in 2000 to legalize medical marijuana. He ordered the Board of Pharmacy to remove cannabis from the list of Schedule 1 drugs, although the timeline for such action is unclear.
Read the complete article here
The original basis for the lawsuit alleged that despite the passage of the Nevada Medical Marijuana Act and the Initiative to Regulate and Tax Marijuana, the state—specifically Nevada State Board of Pharmacy—failed to comport with the will of Nevada voters, the state Constitution and revised statutes. Instead of removing cannabis and cannabis derivatives from its list of controlled substances (NAC 453.510), the Board has continued to regulate them as Schedule 1 substances—similar to that of hardcore drugs with no medicinal benefit.
By definition, a Schedule 1 drug is classified as drugs with no currently accepted medical use and a high potential for abuse. With medical cannabis programs deeply entrenched in the state of Nevada, cannabis’ designation appears to fly in the face of well-established known medicinal uses of the drug. This is the exact contradiction that the ACLU sought to force a ruling on:
The ruling today that cannabis cannot be scheduled as a Schedule 1 substance by Nevada’s Board of Pharmacy without violating the Nevada Constitution reaffirms what the people of this state have known for decades, that marijuana has medicinal value and can be safely distributed to the public.Legal Director for ACLU of Nevada Chris Peterson.
While The Board of Pharmacy has had every opportunity to remove marijuana from its Schedule 1 list on its own, it has persistently resisted to reschedule cannabis in Nevada. Despite the will of the people, it appears to be taking its cues from federal (DEA) guidelines, which continues to list cannabis as a schedule 1 drug. In this hearing, the lawyer representing the Board of Pharmacy argued that federal agencies had not determined that marijuana has an accepted medical use.
While judge Hardy sided with the ACLU on cannabis reclassification, he stopped short of ruling on any issues related to overturning convictions for marijuana-related crimes, because the ACLU’s lawsuit did not address the topic.
There was an attempt at a similar lawsuit in Michigan by Komorn Law, the Michigan Medical Marijuana Association (MMMA), John Sinclair and several others that was denied back in 2019
Nevada Controlled Substance List
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Public forums for guests and members of the Michigan Medical Marijuana Association.
This is an open forum related to a variety of topics from legal issues to growing for medical use to strains and more.
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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
News Scrape November 2022
Search Results
Top 10 Criminal Defense Attorneys
Award winning Attorney Michael Komorn owner and Trial Attorney for his firm Komorn Law PLLC is based out of Farmington Hills, Michigan. Know for his tenacity in the courtroom and endless energy to fight, Michael travels throughout the state defending clients in all types of criminal cases, DUI and drug casework.
Michael has deep activist and advocacy roots in the cannabis community fighting for the rights of medical marijuana patients, caregivers and corporations.
If you are looking for a defense lawyer to go on the offense – then you want to hire this attorney. Learn More
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Major Financial Association And 44 State Partners Demand Marijuana Banking Vote
A major national banking association, along with 44 state partners, is asking Senate leadership to bring a House-passed marijuana banking reform bill to a vote on the floor “without further delay.”
In a letter sent to Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY) on Monday, the Independent Community Bankers of America (ICBA) asked for urgent consideration of the Secure and Fair Enforcement (SAFE) Banking Act, before the end of the year.
“The SAFE Banking Act is essential for the ongoing ability of community banks to effectively serve their communities,” the letter says. “The Act would also alleviate the significant threat to public safety posed by cash intensive CRBs effectively being shut out of the banking industry.”
ICBA said that the legislation should be advanced during the lame duck session either as a standalone bill or as an amendment to another proposal. Schumer has been working to finalize a package of marijuana reform legislation that’s expected to contain the language of the SAFE Banking Act, as well as a separate bipartisan proposal on expunging prior cannabis convictions.
Read the rest here at Marijuana Moment
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Michael Komorn-Featured Top 10 Criminal Defense Attorney
Michael Komorn was featured as one of the Top 10 Criminal Defense Attorneys in Michigan. The award-winning Attorney has clients throughout the state.
MICHIGAN, USA, November 21, 2022 /EINPresswire.com/ — Award winning Attorney Michael Komorn of Komorn Law was featured as one of the top criminal defense attorneys in Michigan. Being known as one of the most tenacious and persistent opponents when it comes to the defense of his clients in the court room doesn’t come without hard work and experience.
Komorn has uncovered and exposed several alleged misrepresentations in lab procedures and results that have exonerated his clients or changed the practice in which lab work is done.
In the latest Michigan State Police Crime Lab process that has been recently uncovered is the toxicology lab’s inability to discern the difference between THC and CBD in a person’s blood sample.
This was uncovered with the help of Komorn’s tenacity and determination along with the assistance of several other sources. Through the MSP Crime Lab’s own admission, their faulty testing methods have been used for the past twenty years, possibly effecting thousands of people arrested for operating a motor vehicle while under the influence of marijuana in a negative manner. So, if you were consuming CBD products it could show up as THC in a blood sample taken if you were accused of a DUI.
Michael Komorn is no stranger to controversy concerning the MSP Crime Lab in that he discovered that the crime lab was adversely reporting cannabis oil as ‘synthetic THC’ at the urging of Prosecutors so they could charge a person with a felony. Komorn received the ‘Right to Counsel Award’ from the Criminal Defense Attorneys of Michigan for pursuing the evidence that brought this information into the light.
Others include the determination of synthetic marijuana, whether the evidence seized is hemp or cannabis and use of medical marijuana while on probation.
He has also done extensive work on forfeiture cases, getting thousands of dollars in property and money returned to his clients. Even monetary recovery for destroyed marijuana plants.
Michael is a seasoned trial attorney in both state and federal casework. He has won and obtained favorable results for numerous clients in state cases and also at the federal level for federal marijuana possession charges.
Komorn has been featured in the media on many occasions and is one of the go to sources for news interviews for DUI and Cannabis Law. He also has been hosting a podcast called Planet Green Trees TV since 2008 discussing the laws and future of the cannabis industry. Komorn was also featured on an episode of Vice – Weediquette regarding Michigan’s abusive search and seizure activities.
You can read more about awards, cases and the work Michael and his firm have done on KomornLaw.com
Michael Komorn
Komorn Law
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If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
Call Now 248-357-2550
Komorn Law Social Media
Recent Posts
- Drones – What Drones? Update
- Terry Stop and Refusal to Identify Yourself to Police
- Just Because You’re Hanging Out in a High Crime Area Doesn’t Make You Suspicious
- Gun buyback program – Michigan
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- Earned Sick Time Act – 2025 New Laws in Effect for Michigan
Tag Cloud
2021 BMMR cannabis CBD corruption. prosecutors dispensary Driving DUI forfeiture gun rights hemp komornlaw lara law enforcement abuse laws Legalization marijuana Medical Marijuana Michigan michigan laws michigan news MMFLA MRA news police politics science usa news us supreme court Your Rights
DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.