THE  KUBBY
DEFENSE
 FUND

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"This is no more about Marijuana than the Boston Tea Party was about Tea."


LEGAL UPDATE: NOV. 14, 2004

image loading...The Kubby Defense Fund is currently engaged in three legal challenges:

CORUM NOBIS motion:  Legal Expert Ed Pearson has drafted a Corum Nobis motion, which he has used before to force courts to overturn convictions, based upon fraud.  Bill McPike has agreed to present the motion in Placer County court, showing that the DA and arresting officer committed fraud upon the court and lied to obtain the search warrant.

APPEAL OF REFUGEE BOARD DECISION:  No word yet on whether the Canadian Federal Court will agree to hear our case.  This is strange, because the other two Americans, Steve Tuck and Ken Hayes have already received decisions, even though they went after us.  Tuck was granted a stay, pending a hearing, while Hayes, who faces extradition, was denied.  In my case, we have shown that the Immigration officials misread the law and I was not convicted in the US of anything that would be a crime in Canada.

BC SUPREME COURT CHALLENGE:  Michele has a motion before the highest court in BC to demand that the court admit the laws against cannabis have fallen.  Michele went to court, because Health Canada refused to allow her to use her doctor and expert authority, Dr. Tod Mikuriya.  Although Health Canada claims American physicians don't qualify, it doesn't say that in any of their regulations and such obstructions are exactly why the Parker decision struck down the laws against cannabis. The Canadian Crown prosecutor officially admitted in the Hitzig case that the laws had fallen and thousands of cases were dismissed as a result.  The Htizig judges claimed to have fixed the law by amending it, yet they cite no authorities for doing so.  Michele is arguing that the laws were already dead and the Hitzig court lacked the authority to resurrect dead laws, or even hear the case in the first place.

As you can imagine, these court actions are expensive and time consuming.  If it wasn't for the support of our friends, we would never be able to defend ourselves.  Please accept our deepest appreciation for your continued interest and support for our efforts.
 
If you'd like to contribute to any of these court challenges, please visit our contribution page at:
http://www.kubby.com/00-contribute.html