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Holy cow!!! The system works!!!
1 posted on 12/22/2010 8:01:30 PM PST by Notary Sojac
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To: Notary Sojac

Yeah, with more work like this they can become like California soon.

“Because the case never went to trial, members of the jury pool didn’t know that Cornell’s neighbors had complained to police that he was dealing from his South 10th Street West four-plex, according to an affidavit in the case. After one neighbor reported witnessing an alleged transaction between Cornell and two people in a vehicle, marijuana was found in the vehicle in question.

The driver and passenger said they’d bought it from Cornell, the affidavit said. A subsequent search of his home turned up some burnt marijuana cigarettes, a pipe and some residue, as well as a shoulder holster for a handgun and 9mm ammunition. As a convicted felon, Cornell was prohibited from having firearms, the affidavit noted.

Cornell admitted distributing small amounts of marijuana and “referred to himself as a person who connected other dealers with customers,” it said. “He claimed his payment for arranging deals was usually a small amount of marijuana for himself.”

Potential jurors also couldn’t know about Cornell’s criminal history, which included eight felonies, most of them in and around Chicago several years ago. According to papers filed in connection with the plea agreement, Cornell said he moved to Missoula to “escape the criminal lifestyle he was leading,” but he’s had a number of brushes with the law here.

Those include misdemeanor convictions for driving while under the influence and driving with a suspended license, and a felony conviction in August of conspiracy to commit theft, involving an alleged plot last year to stage a theft at a business where a friend worked, the papers said. He was out on bail in that case when the drug charges were filed.

In sentencing him Friday, Deschamps referred to him as “an eight-time loser” and said, “I’m not convinced in any way that you don’t present an ongoing threat to the community.”

Deschamps also pronounced himself “appalled” at Cornell’s personal life, saying: “You’ve got no education, you’ve got no skills. Your life’s work seems to be going out and impregnating women and not supporting your children.”

The mother of one of those children, a 3-month-old named Joy who slept through Friday’s sentencing, was in the courtroom for Friday’s sentencing. Cornell sought and received permission to hug his daughter before heading back to jail.

Deschamps sentenced Cornell to 20 years, with 19 suspended, under Department of Corrections supervision, to run concurrently with his sentence in the theft case. He’ll get credit for the 200 days he’s already served. The judge also ordered Cornell to get a GED degree upon his release.

“Instead of being a lazy bum, you need to get an education so you can get a decent law-abiding job and start supporting your family,” he said.

Normally, Paul said after the sentencing, a case involving such a small amount of marijuana wouldn’t have gone this far through the court system except for the felony charge involved.”


2 posted on 12/22/2010 8:05:26 PM PST by ansel12 (Lonnie, little by little the look of the country changes, because of the men we admire.)
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To: Notary Sojac

good
an incredible waste of time and money


3 posted on 12/22/2010 8:06:17 PM PST by cowtowney
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To: Notary Sojac

Now if it would work for a true injustice such as the cost-is-no object hounding and torture from the IRS, DOL, EPA, OSHA etc.

If only we could hope to have a jury trial and have confidence they would mutiny on this kind of thing.


5 posted on 12/22/2010 8:16:06 PM PST by Sequoyah101 (Half of the population is below average)
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To: Notary Sojac
It's called jury nullification. Any juror can judge the law rather than the defendant if that's what he/she decides to do.
8 posted on 12/22/2010 8:18:39 PM PST by E. Pluribus Unum (DEFCON I ALERT: The federal cancer has metastasized. All personnel report to their battle stations.)
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To: Notary Sojac

At least 95% of the people in jail for marijuana fall into one of these categories:

(1) Parole or probation violation
(2) Previous felony conviction
(3) Pleaded down from a more serious charge
(4) Resisting arrest
(5) Reckless driving or DUI

The number of recreational (but otherwise law abiding) users in jail is close to zero.


10 posted on 12/22/2010 8:23:36 PM PST by zeestephen
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To: Notary Sojac
“It’s kind of a reflection of society as a whole on the issue,” said Deschamps. Which begs a question, he said.

To beg a question means to evade a question. It does not mean to raise or elicit a question.

Sorry. Pet peeve of mine. The guy's a prosecutor too.

16 posted on 12/22/2010 8:33:17 PM PST by SeeSharp
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To: Notary Sojac

“Deschamps said he’s never seen anything like it.”

The judge has never heard of `jury nullification’?
Gee, there was a case about 10-15 years ago where a retired sports star nearly cut the heads off his ex-wife and her boyfriend, and they practically had him killing both of them on videotape ...
But the jury said, “You walk on out of here with yo’ bad self!”


17 posted on 12/22/2010 8:34:16 PM PST by tumblindice (Out with Lugar, in with Pence)
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To: Notary Sojac
I always thought that a simple possession charge was just a bargaining chip for the prosecution, something usually thrown out for the more serious charges by the time a case goes to trial.
18 posted on 12/22/2010 8:36:25 PM PST by Hillarys Gate Cult
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To: Notary Sojac

This is what juries need to start doing in firearms cases such as the one in NJ where the guy got 7 years for legally transporting firearms legally purchased.


25 posted on 12/22/2010 8:47:27 PM PST by calex59
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To: Notary Sojac

Anyone who has committed eight felonies should never leave prison again, I don’t care if it was for tearing tags off mattresses. Or better yet, just hang him.


30 posted on 12/22/2010 9:14:07 PM PST by ccmay (Too much Law; not enough Order.)
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To: Notary Sojac

FYI:

Fully Informed Jury Association

http://fija.org/


36 posted on 12/22/2010 10:01:16 PM PST by Bhoy
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To: Notary Sojac

The judge should have dismissed the jury pool and started with a new one.


77 posted on 12/23/2010 12:21:53 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Notary Sojac
In his nearly 30 years as a prosecutor and judge, Deschamps said he’s never seen anything like it.

Get ready, Deschamps. You're going to see it more and more. One of the purposes of a jury is to nullify laws in advance of their repeal or to slam over-zealous prosecutors.
89 posted on 12/25/2010 10:23:47 AM PST by aruanan
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