Time: Wed Oct 01 10:19:15 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id KAA28813; Wed, 1 Oct 1997 10:15:03 -0700 (MST) by usr09.primenet.com (8.8.5/8.8.5) with SMTP id KAA25233; Wed, 1 Oct 1997 10:02:54 -0700 (MST) Date: Wed, 01 Oct 1997 10:02:26 -0700 To: creator@islandnet.com (Matt Elrod) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Assistance needed Bar to prosecution (fwd) I think you are over-extending the meaning of the law. A waiver from another state, is not the same as a conviction in that other state. You cannot invoke your double-jeopardy immunity, when there has not even been a first trial, or conviction, in the first instance. Just my private opinion, FWIW. /s/ Paul Mitchell http://supremelaw.com copy: Supreme Law School At 09:35 AM 10/1/97 -0700, you wrote: >> >>Greetings, Mark >> >>Would you post this to the appropriate list. You could have any >>respondents reply to me privatly if it is slightly off topic. >> >>I've been studying the Uniform Controlled Substance Act, in Washington >>State and would like >>everyone's feedback on the interpretations of Section 69.50.405 - Bar to >>Prosecution. It says: >> >>Sec. 69.50.405 Bar to prosecution. If a violation of this act is a >>violation of a federal law or the law of another state, a conviction or >>acquittal under federal law or the law of another state for the same act is >>a bar to prosecution in this state. >> >>The second part is a double jeopardy clause which means that if I was >>standing on the Oregon-Washington border I could only be tried in one >>state or the other. But the first part, to me, means I can use >>California's Proposition 215 in this state, because I possess two >>doctor's notes, and medical marijuana is legal in California, and in >>my case a violation of the UCSA in WA state is a violation of CA >>state law. >> >>It seems the use of the comma is confusing to most people but you are all >>an intelligent bunch and I would appreciate your input. Thanks! >> >>Ty Matthews >> >> >> >Forwarded by >Mark Greer >Media Awareness Project (MAP) Inc. >d/b/a DrugSense >MGreer@mapinc.org >http://www.DrugSensemapinc.org/ > > > ======================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine : tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this _____________________________________: As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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