cannabisnews.com: Pot-Growing Conviction Cut Down on Appeal Pot-Growing Conviction Cut Down on Appeal Posted by CN Staff on April 24, 2003 at 12:03:22 PT By Maline Hazle, Record Searchlight Source: Record Searchlight A state appellate court has overturned convictions of a Redding mother and son found guilty of conspiracy to cultivate marijuana in a highly publicized medicinal marijuana case three years ago.A three-justice panel of the state's 3rd Appellate District in Sacramento ruled Monday that defense attorney Eric Berg of Redding should have objected to an instruction that may have persuaded jurors to convict Lydia Hall, 65, and her son James, 41. The same jury acquitted the Halls of growing marijuana and also acquitted Jim Hall on a charge of possession of marijuana for sale.Jim Hall was sentenced to 75 days in Shasta County Jail, while his mother was sentenced to one day in jail. Both sentences were stayed pending the outcome of the appeals.Charges were filed against the Halls after Shasta County sheriff's deputies confiscated 188 young plants and seedlings from the Halls' garage and 49 from a hydroponic garden in Jim Hall's closet in 1999.Jim Hall, who suffers from a debilitating back injury, and his mother, who said she used marijuana to alleviate glaucoma symptoms and migraines, said they believed their gardens were legal under Proposition 215, the Compassionate Use Act of 1996.That law does not specify how many plants patients can grow as long as the patients have doctors' recommendations. Both Hall and his mother had doctor's recommendations.Jurors said after the verdict that even though they believed the Halls had a right to grow plants under California law, they believed that the number of plants was unreasonable — hence the conspiracy conviction.Jim Hall's appellate attorney, Eileen Kotler of Pacifica, argued that Berg should have fought against a jury instruction that said a defendant is not guilty if he or she had a "reasonable" belief that the actions were legal.Lydia Hall represented herself in the appeal, but joined Kotler's motions on her son's behalf.Kotler said that the Halls, even though it might have been unreasonable, thought they were following California law.The court agreed, finding "a reasonable probability a correct instruction would have resulted in a different outcome for defendants" on the conspiracy charge.Kotler said Tuesday that she is "very pleased" with the ruling and also that, though Berg "missed this one little thing," he mounted a good defense for the Halls.Berg, too, was happy with the ruling."My main reaction is that I think there has been a pretty significant, even a huge change, in perception in these kinds of cases since this one was originally prosecuted," Berg said. Acting Shasta County District Attorney Greg Gaul said Tuesday that he had not yet read the appellate decision and could not comment on whether his office would refile the charge.Berg said he is hopeful that Gaul will "show compassion and mercy and do the right thing."Jim Hall, meanwhile, praised Kotler. "She was great, did an excellent job, and I'm really impressed," he said, declining comment on Berg's advice. Source: Redding Record Searchlight (CA)Author: Maline Hazle, Record SearchlightPublished: Wednesday, April 23, 2003Copyright: 2003 Redding Record Searchlight - E.W. Scripps Contact: letters redding.com Website: http://www.redding.com/ Related Articles:Pair Guilty of Conspiracyhttp://cannabisnews.com/news/thread4836.shtmlJury Weighs Evidence in Pot Trialhttp://cannabisnews.com/news/thread4759.shtmlGrandma Says She Used Pot To Ease Pain http://cannabisnews.com/news/thread4637.shtml Home Comment Email Register Recent Comments Help Post Comment