Blogger Play - a lighter note

Source: snagged off Blogger Play (it takes you to the site that posted it.)

If you have a little spare time, check out Blogger Play
It show you the pictures that bloggers around the world are uploading in real time. "Fun, often beautiful, but above all, compelling." "Mesmerizing."

Then there's this one showing an approaching sand storm, from scribd.

They upgraded it and "Today we’re letting you take Blogger Play with you to your iGoogle homepage with the Blogger Play Google Gadget/"

The Respondent's REPLY BRIEF

a 57 page pdf file

Gallegos vs Pacific Lumber Company, et al
Case No. A112028
(Humboldt Superior Court No. DR030070
RESPONDENT'S REPLY BRIEF
August 31, 2007

Note: Links to all four documents relating to the APPEAL are now in order in the sidebar under the MUST READ section.

Thank You, Dr. Ken Miller.

"A little pot never hurt anybody, except the landlords house." comments "Smarty Marty" on the Times Standard's article Marijuana grow to blame for house going up in smoke

"...there were five Proposition 215 recommendations tacked to the wall. And at least one of them was signed by none other than Ken Miller. He likes to hold others accountable, but there will be no one to hold him accountable for the damage here.
Photo Source: Humboldt Review - Click on photo to enlarge
For a more complete story, check out Kevin Hoover's Humboldt Review

...The tenant, Cody Nehring, said that the grow was a “cooperative” for five medical marijuana patients. Indeed, five Prop 215 certifications were posted on the living room wall, one with Nehring’s name on it. The Humboldt County Sheriff’s Office reportedly will not charge the occupants with anything, as they were duly covered by Prop 215.

Nehring insists that the marijuana was for medical use. He had no explanation for the case of butane in the corner of the dining room. Butane is commonly used to extract THC-laden resin from marijuana, creating hash oil. “I don’t know about that,” Nehring said. Arcata Fire Chief John McFarland said the cases of butane could have easily killed firefighters, tenants and even neighbors, had the fire reached it. There was another box containing hundreds of of spent nitrous oxide cylinders nearby.

Though one room contained children’s toys along with grow equipment, Nehring said the house was not occupied – that it was entirely dedicated to growing. Dr. Ken Miller, who issued Nehring’s 215 Certification, said he regretted the fire. He wouldn’t say what fee he charges for the certifications, only that it was under $150...

The other pot doc whose 215 prescription is shown in the photo above is Hany Assad, owner of Norcal Healthcare Systems Inc. - the one Helen Sanderson wrote about in this story Pot doc's checkered past catches up - A SPECIAL INVESTIGATION. There's plenty of blame to go around here.

***

NOTE: GROW HOUSES are on the ARCATA CITY COUNCIL AGENDA
D. Consider Policy Issues and Alternative Land Use Regulatory Strategies for “Grow Houses” and Medical Marijuana Clinics.

Council, Planning Commission and staff have regularly heard complaints about “marijuana grow houses” converting single family residences to indoor nurseries in residential neighborhoods, and their impacts to adjoining properties, the neighborhood and the buildings themselves. In addition, the City of Arcata has allowed Medical Cannabis Dispensaries in the Commercial and Central Business District Zones and has recently seen an increase in the number and interest in siting more of these facilities, and consideration should be given to regulating or limiting the number of these facilities. The intent of this discussion is for the Council to provide staff with direction for subsequent work in Ordinances. Actual standards and/or Ordinances would be brought back at a later date.

RECOMMENDATION: 1) Determine the need to regulate Medical Marijuana Clinics and “Marijuana Grow Houses” through the Land Use and Development Guide [LUDG] and the upcoming Land Use Code; 2) Provide direction to staff by: (a) Confirming that personal medical marijuana “grows” in residential zones would only be allowed as an “accessory use”, subject to specified standards, as part of “compassionate use”; (b) Establish direction for the most restrictive standards for “personal marijuana grows” as accessory to residential use; (c) Confirming the Commercial and Central Business District Zones as the appropriate land use designations for Medical Marijuana Clinics; (d) Capping the number of Medical Marijuana Clinics at 4; and (e) Providing any necessary siting criteria for “replacement” Medical Marijuana Clinics; and 3) Direct that specific standards be developed and include in the Planning Commission recommendations and the Council review of the DRAFT Land Use Code.
COUNCIL CHAMBERS, 736 F Street, Arcata - Wednesday, October 3, 2007 6:00 P. M.

As Kevin reports: In Arcata, neighbors and police have become increasingly concerned about the proliferation of grow houses. Apart from the danger of fire, there have also been home invasion robberies with violence. In subdivisions where the houses look alike (especially at night) neighbors are concerned about robbers getting houses mixed up. Oh, and that smell.

But an entirely new and unanticipated phenomenon has cropped up, so to speak: neighborhoods going silent. In some areas of town, homes which used to house students have now been converted to indoor gardens. Humboldt State University has become concerned about already-limited student housing drying up. Further, controversial new subdivisions have been proposed, some on agricultural land, and an unresolved question is how many of the new houses would wind up as grows.

TS Fire chief frustrated with 215 grows in rental homes
TS Council to take next step toward regulating grow houses 10/16/07
ARCATA -- The City Council is expected to take the next step Wednesday toward reining in the city's marijuana grow houses under some kind of oversight and regulation.
The council took the first steps at its Oct. 3 meeting, when it decided to form a task force to make recommendations on how to use land use standards to control the locations, sizes and operations of the city's grow houses.

"I'm flying. This is the best thing that has ever happened," said Ken Miller, a member of the Humboldt Watershed Council, and a longtime opponent of PL, in a phone interview Tuesday. "My god, finally we have a champion who has some power."
Gallegos takes on PL Talking here about Gallegos filing his lawsuit against Pacific Lumber Company, as in other interviews at the time, Miller professed surprise - but later it was revealed that he was heavily involved in drafting the suit itself.

"When we awaken to the potential for determining our destiny, and start fielding strong candidates aggressively, we can increase voter participation. The anti-recall campaign IS just such an organizing opportunity to develop an electoral constituency, a machine, if you will, to get our perspective into the power structure."

Ken
from the AEB listserve

Update: Mad River Dog Case

ER Mad River dog trial ends
John and Stacy Malcolm found not guilty on all charges.
The verdict came on the heels of a motion for mistrial filed by Trinity County Deputy District Attorney Eric Heryford, after he learned early Thursday that the Malcolms’ defense attorney, Timothy Noal Gray, had failed to disclose to the court that he was currently representing Bugenig in a civil case against Humboldt County Public Guardian Ramon Herrera.

Both Bugenig and Herrera testified during the trial — Bugenig for the defense and Herrera for the prosecution.

Heryford said Trinity County Superior Court Judge Anthony Edwards denied the motion, but was in the process of forming an instruction to the jury to disclose the information when the jury returned with its verdict.

Complete list of related stories.

Gallegos' Reply Brief

a 36 page pdf file

Gallegos vs Pacific Lumber Company, et al
Case No. A112028
(Humboldt Superior Court No. DR030070
APPELLANT'S REPLY BRIEF
September 20, 2007 (or September 24)

End of the Palco Suit

.
a 24 page pdf file

Gallegos vs Pacific Lumber Company, Scotia pacific Holding Company, Salmon Creek Corporation and Does 1 through 10
Case No. DR030070
ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND
June 14, 2005

This is what Gallegos is appealing, and it is an interesting and entertaining read.

Press Conference - CHP involved shooting

A Press Conference is being called by the District Attorney, Paul Gallegos, and the Chief Investigator, Michael Hislop to discuss the recent CHP Involved Shooting that occurred outside of Blue Lake.

The Press Conference will take place today, Friday, September 28th @ 1:15PM at the District Attorney's Law Library, on the 4th Floor of the Courthouse Building, 825 5th Street, Eureka.
***
TS Investigators discuss CHP shooting
The head of the investigation into the shooting of a man after a pursuit near Blue Lake by the California Highway Patrol held a press conference today to talk about the status of the case.
District Attorney Chief Investigator Mike Hislop said the investigation into the shooting of Rodney Bartow Jr., 54, by 10-year CHP Officer Jeff Goodwin Sunday was progressing but they're still looking for witnesses before sending the report to the district attorney for charges.

Hislop did say that after preliminary findings Bartow may be facing charges of evading a police officer, assault with a deadly weapon, felon in possession of a firearm, felon in possession of a concealed firearm, possession of a controlled substance, possession of a controlled substance for sale, transportation of a controlled substance, driving under the influence.

Hislop said investigators are still looking for witnesses, two in particular, a woman who was in line at the gas station behind Bartow and the initial person who alerted Goodwin.

People who have information on the whereabouts of these two witnesses is asked to call Hislop at 268-2590.
Chris Durant/The Times-Standard Article Launched: 09/28/2007 03:41:11 PM PDT

WHOA - There's VIDEO

Paul Gallegos' Opening Brief

.
a 35 page pdf file
Gallegos vs Pacific Lumber Company, et al
Case No. A112028
(Humboldt Superior Court No. DR030070
APPELLANT'S OPENING BRIEF
November 8, 2006
Also available here: humboldt.ca.us/distatty/pdf/palco

Jury verdict a mixed bag in felony assault and battery trial

Good Going, Humboldt County Deputy District Attorney Ben McLaughlin.
Convicted assailant back in court over probation violation

What happens now in the PL case...

The briefs have been submitted.

Now the case is in the hands of the law clerks who will go over the record. In this case it is a short record; just motions and demurrers (and I guess however many amended complaints Gallegos/Stoen filed)

The clerks look for the law noted in the briefs. They check for factual accuracy. In this case, the briefs will not be considered fact intensive.

The clerks will research the law. Then they make an analysis for the justices.

The justices, who meet once a week, will go over the memo from the clerks.

The residing justice will assign the case to three out of the four justices.

They will go over the memo, and send the clerks back to research anything they want researched

Out of the three, one will be appointed to author the opinion based on the information provided in the briefs, and by the clerks, and by the law.

Then they circulate the opinion - and they either come to an agreement or they have a dissenting opinion.

Next, they send a notification out that they are ready for oral arguments.

The parties have 10 days from receipt of the notice to exercise their constitutional right to oral argument. Their last chance to make their case.

After oral argument is deemed submitted, the justices have 90 days to render an opinion.
***
FIRST DISTRICT, COURT OF APPEAL
William R. McGuiness, Administrative Presiding Justice
Stuart R. Pollak, Associate Justice
Peter J. Siggins, Associate Justice
Associate Justice - Vacant - a sitting superior court judge may be appointed to fill the vacancy
First Appellate District History
Interesting: filing e-briefs with 4th District, Division Three
***

I'm working on posting the various briefs for those who are interested. Pretty incredible stuff.

It's not our Michael Twombly,

ours is Michael Phillip, not Michael S, I'm pretty sure - but it is funny that there'd be two Michael Twomblys who were into computer spamming...
Spam Guilty Plea
According to Assistant U.S. Attorney Anne Perry, who prosecuted the case, court documents allege that Eveloff solicited another individual, Michael S. Twombly, to lease computer access throughout the United States. Twombly then provided the password and login information to Eveloff, allowing Eveloff to send the spam from his computer in Iowa....

Hislop and the CIRT...

ER CHP officer shoots DUI suspect

A man suspected of driving under the influence was shot Sunday after a vehicle pursuit that ended with the driver’s alleged attempt to back over an officer from the Humboldt Area Office of the California Highway Patrol...

...The Critical Incident Response Team was called out Sunday and is conducting an investigation led by the DA’s Office.

That office’s chief investigator, Mike Hislop, said Monday afternoon that he could not say whether the CHP officer was placed on leave pending the investigation’s results.

Calls to the CHP were referred back to Hislop.

TS Pursuit ends in gunfire
TS Driver shot by police identified
The driver of a car who was shot after he allegedly lead pursuing California Highway Patrol officers on a chase through and around Blue Lake has been identified as Rodney Bartow Jr.

Should the CHP take a tip from Garr Nielsen?

Follow up:
Man shot by California Highway Patrol officer out of jail after posting $50,000 bail
After receiving medical treatment, Bartow was booked into the Humboldt County jail on suspicion of driving under the influence, assault with a deadly weapon, felony evasion, being a felon in possession of a handgun and driving on a suspended license.

Gallegos' Use of Force Policy

Click here

Anybody see anything confidential in here? Anything to cause the DA to refuse to release it until forced to do so with a public records act request from the Times Standard?

Update on Paul Gallegos' Appeal - Years later

This began in 2005, long after Gallegos' lawsuit was tossed on demurrer:
The People v. Pacific Lumber Co. et al.
Division 3
Case Number A112028

11/18/2005 Exempt filing fee.
11/18/2005 Notice of appeal lodged/received
More recent activity:
08/31/2007 Respondent's brief.
08/31/2007 Request for judicial notice filed. (by the) respondent
09/20/2007 To court. respondent's request for judicial notice
09/21/2007 Telephone conversation with: Christa McKinney of D. A. office. Inadvertenlty only copies of reply brief were sent priority mail yesterday. Original sent priority mail today.
09/24/2007 Appellant's reply brief.
09/24/2007 Case fully briefed.

Paul's brief was due 9/20.

Christa McKinney or Christa McKimmy?

POINTS AND AUTHORITIES IN OPPOSITION TO DEMURRER Case No. DR 030070 Date: July 28, 2003
Ruling Re: Demurrer to the First Amended Complaint Filed April 30, 2004
APPELLANT’S OPENING BRIEF Dated: November 8, 2006