Pubdate: Thu, 21 Nov 2013
Source: Press and Guide (Dearborn, MI)
Copyright: 2013 Press and Guide
Contact:  http://www.pressandguide.com/
Details: http://www.mapinc.org/media/5196
Author: Joe Slezak
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

STATE COURT OF APPEALS UPHOLDS JUDGE'S DISQUALIFICATION IN MARIJUANA CASE

DETROIT -- The state Court of Appeals ruled Nov. 14 that 19th 
District Judge Mark Somers was properly disqualified from hearing a 
case involving the Michigan Medical Marihuana Act because of comments 
he made in a different case regarding the drug.

Court of Appeals Judges Michael Kelly, Mark Cavanagh and Douglas 
Shapiro unanimously agreed on the ruling in the city of Dearborn's 
case against defendant Glen Steven Navoy.

Navoy, 56, was arrested in October 2011 on a marijuana possession 
charge and planned to used the Michigan Medical Marihuana Act in his 
defense. Before the trial, his attorney, Neil Rockind, filed a motion 
to disqualify Somers, but Assistant City Attorney William DeBiasi 
objected, saying there wasn't sufficient evidence to disqualify the judge.

After both sides presented oral arguments, Somers denied the motion 
to disqualify himself, but then-19th District Chief Judge Richard 
Wygonik, who lost a re-election bid last year, granted a motion 
disqualifying Somers.

The city filed an appeal in Wayne County Circuit Court, where Judge 
Vonda Evans affirmed the disqualification and remanded the case to 
19th District Court. The city then filed an appeal with the state 
Court of Appeals.

Somers previously had ruled that the Michigan Medical Marihuana Act 
violates the U.S. Constitution. The Court of Appeals judges cited his 
references to marijuana as the "devil's weed," "Satan's surge" and 
"Satan's weed," and that he has lectured those who have appeared 
before him on marijuana charges about how they have contributed to 
drug cartels and homicides in Mexico and other related areas. He also 
said in an interview that he felt the Michigan Medical Marihuana Act 
was unconstitutional.

"There are some inaccuracies in the factual representations made to 
the court," Somers said Wednesday. "I'm not criticizing their decision."

He said that every time a marijuana case has come before him, if the 
defendant has a valid medical marijuana card and the prosecutor has 
asked for a dismissal, he has granted the request.

The state Supreme Court decided April 3 to hear a 2012 case, Beek v. 
City of Wyoming, in which it will rule on the constitutionality of 
two issues: If a municipality's ordinances prohibit use of marijuana, 
does the Michigan Medical Marihuana Act trump it; and does the 
federal Controlled Substances Act trump the state law, which voters 
approved in 2008.

A Kent County trial court judge ruled that the federal drug law 
supersedes the state marijuana law, but the state Court of Appeals disagreed.

The Dearborn case isn't the first time Navoy was arrested in the city 
on marijuana charges. In 1999, he pleaded guilty to possession of the 
drug, and a charge of delivery/manufacturing of marijuana was 
dismissed. Wayne County Circuit Judge Gershwin Drain fined him $1,000.

It is unclear if the city plans to appeal to the state Supreme Court. 
A city spokeswoman was unavailable for comment late Wednesday afternoon.
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MAP posted-by: Jay Bergstrom