cannabisnews.com: Kubby's Attorney Blasts Appellate Court Kubby's Attorney Blasts Appellate Court Posted by CN Staff on July 06, 2003 at 17:09:45 PT By Ryan McCarthy, Journal Staff Writer Source: Auburn Journal An attorney sharply criticized a state appeals court ruling reinstating a felony conviction for Steven Kubby, a former Libertarian candidate for governor who was convicted of mescaline possession in a trial that followed a search of his Placer County home. J. David Nick, who represented Kubby at his criminal trial in Auburn, called the Third Appellate District "nothing more than a rubber stamp for the prosecution." Judicial appointments by then-governors Pete Wilson and George Deukmejian have turned the appellate court in Sacramento into "nothing but prosecutors wearing black robes," Nick asserted. "The fairness of this court is in question throughout California," Nick said Friday. "This court has gone to great lengths in making political statements in certain opinions." The appellate court in its ruling issued Monday reversed a decision by Placer County Superior Court Judge John Cosgrove in March 2001 reducing to a misdemeanor Kubby's conviction for mescaline possession. The appellate court said the felony conviction did not violate the California equal protection clause or represent cruel and unusual punishment. Nick said Cosgrove's decision to reduce the conviction to a misdemeanor was appropriate. "This judge is not a lenient, liberal judge who gives the defense anything they want," he said. "Judge Cosgrove is a very honest and intelligent judge who is not a rubber stamp for the defense." Cosgrove's decision reducing the charges was over the objections of the District Attorney's office, which appealed the reduction to a misdemeanor as an unlawful sentence. Christopher Cattran, the deputy district attorney who prosecuted the case, has welcomed the appellate court ruling. He said the felony conviction for Kubby "accurately addresses his conduct." Sheriff's deputies searching Kubby's home in Squaw Valley in 1999 found marijuana plants, along with mescaline -- a drug that produces hallucinations -- and psilocyn, known as "psychedelic mushrooms." Jurors deadlocked on the marijuana charges. A representative of the appellate court in Sacramento said she doubted any comment would be forthcoming on Nick's responses to the court's ruling. Nick said, "The reputation of the Third District Court of Appeals as being a court of injustice continues to grow in leaps and bounds with this case." "We are in a different era than the one they were born in," he said of the appellate court judges. The public does not want to turn people like Kubby into felons, the San Francisco attorney said. Nick said the appellate court ruling would likely conclude the legal matter. The attorney said the felony conviction of Kubby will have considerable personal consequences, including the one-time Libertarian candidate for governor being unable to run for public office. Kubby moved to Canada following his conviction in Placer County.Complete Title: Kubby's Attorney Blasts Appellate Court for Reinstating FelonySource: Auburn Journal (CA)Author: Ryan McCarthy, Journal Staff WriterPublished: June 29, 2003Copyright: 2003 Auburn JournalContact: dericr goldcountrymedia.comWebsite: http://www.auburnjournal.com/Related Articles & Web Sites:Kubby.comhttp://www.kubby.com The Drug War Refugees http://freedomtoexhale.com/smk.htm Kubby Calls Felony Conviction a Mockeryhttp://cannabisnews.com/news/thread16722.shtmlActivist's Felony Drug Conviction is Restoredhttp://cannabisnews.com/news/thread16712.shtmlLockyer Wins Conviction Against Kubby http://cannabisnews.com/news/thread16684.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by Jose Melendez on July 07, 2003 at 07:37:01 PT AK: Small amount of pot in home OK AK:OKhttp://www.adn.com/alaska/story/3410510p-3440920c.html Small amount of pot in home OK [ Post Comment ] Post Comment