How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Criminal Law
Satisfied Customers: 3864
Experience:  Atty for 24+ years; Plain English explanations
Type Your Criminal Law Question Here...
Jane Doe Deer is online now
A new question is answered every 9 seconds

prepare an appellate brief for the following topic, find at ...

Customer Question

prepare an appellate brief for the following topic, find at least two primary authorities to support the argument. Embelish the facts as necessary, and assume the case occurs in Ohio. (This is only a hypothetical)   Your office's client, Jill Sanchez, has been convicted of possessing marijuana. Because she has cancer, Jill has a perscription for marijuana from Dr. Melvin Prior. Prerare the appeal of her conviction.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer.

How long does this need to be? Briefs like this are usually about 25 pages. What do you really need me to do? And when do you need this?

Thanks,

Jane

Customer: replied 6 years ago.
Reply to Jane Doe Deer's Post: No, this does not need to be that long, I'm thinking only 4 pages. Just a short basic brief, I just need to make sure it includes everything, table of contents, list of authority, appendix... very general. I need it by wed. evening. I only need two primary authorities and one secondary. Even if you do a rough draft, I can put my personal touches on it. Please let me know if you have any other questions.
Expert:  Jane Doe Deer replied 6 years ago.

All right, I'll do it tomorrow morning.

Thanks,

Jane

Customer: replied 6 years ago.
Thank You!!!!!!
Expert:  Jane Doe Deer replied 6 years ago.
I'm going to write this this morning.
Jane Doe Deer, Lawyer
Category: Criminal Law
Satisfied Customers: 3864
Experience: Atty for 24+ years; Plain English explanations
Jane Doe Deer and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Do you think you'll be sending the brief over sometime today?
Expert:  Jane Doe Deer replied 6 years ago.

Yes. I've done the research on Westlaw. Now I just have to put things together. Can you do the TOC and the list of references?

It turns out there is no medical marijuana law in Ohio right now, but you probably knew that.

I found a couple of cases, a couple of law review articles, and one or two other things so far.

Expert:  Jane Doe Deer replied 6 years ago.

Please let me know what you think:

 

On June 1, 2008, the trial court convicted Jill Sanchez for the minor misdeamor of possession of marijuana. R.C. § 2925.11(C)(3)(a).

 

Defendant Jill Sanchez did not intentionally commit a crime. Her doctor, Melvin Prior, M.D., gave her a prescription and testified at trial that he believed that marijuana would be the best drug to use to minimize the nausea from Sanchez' cancer treatments. He further testified that in his opinion, the evil sought to be avoided (breaking the law) was more heinous than the unlawful act perpetrated to avoid it. See, e.g., Jenks v. State, 582 So. 2d 676 (Fla. Dist. Ct. App. 1st Dist. 1991). Dr. Prior and Ms. Sanchez both testified regarding the beneficial effects of the marijuana on Sanchez' nausea.

 

More than 30 states now have medical marijuana laws. http://www.ohiopatient.net/v2/content/view/975/2/, and have been proposed in prior Ohio legislative sessions. Most recently, in May, 2008, state Sen. XXXXX XXXXX (D-Dayton) introduced a bill that would "allow patients to use medicinal cannabis through a regulated system of quality health care," he said. Medical-marijuana patients would be allowed to possess up to 200 grams of marijuana and 12 mature plants for personal use."It's time that Ohio just look at the science and with it being well regulated, hopefully ... we'll be able to protect the patients more," said Tonya Davis, a medical-marijuana user who helped draft the bill. http://www.jointogether.org/news/headlines/inthenews/2008/ohio-lawmakers-introduces.html

 

"The debate in the United States over the medicinal value of marijuana dates back to the middle of the 1800s. [FN38] Although there was never a consensus on the extent of its efficacy, marijuana was generally thought to have some therapeutic value and was included in the United States Pharmacopeia until 1941." Kreit, A. Comment: The Future of Medical Marijuana: Should the States Grown Their Own?; 151 U. Pa. L. Rev. 1787, 1793 (2003).

 

Medical marijuana has been shown to be effective in treating, chemotherapy-induced nausea, such as that suffered by Sanchez. Tiersky, M., Medical Marijuana: Putting the Power Where it Belongs; 93 Nw. U. L. Rev. 547, 552, 554-57 (1999).

Ohio has demonstrated that it doesn't consider marijuana possession to be a serious offense. RC 2925.11, under which the court convicted Sanchez, exempts persons convicted of marijuana possession in an amount less than 100 grams from reporting such conviction to employers or others as a "criminal record," the record of the conviction remains and can be expunged or can constitute a prior offense which will prevent expungement of any other criminal record. State v. Weber (Hamilton 1984) 19 Ohio App.3d 214, 484 N.E.2d 207, 19 O.B.R. 359.

 

Sanchez is not asking this court to "legislate from the bench" and make medical marijuana legal. She is asking this court to recognize her doctor's opinion and prescription and offer her the defense of medical necessity.

Customer: replied 6 years ago.
I know this is a stupid question... what is a TOC? If you could do a rough draft of appendix, or tell me how to. I'm going to go work on some of this tonight. Your brief is excellent!!! This is to help me better understand how to do a brief. I will except your answer and pay tomorrow afternoon. Thank you so much, I will also leave excellent feedback.
Expert:  Jane Doe Deer replied 6 years ago.

Thanks. TOC = Table of Contents.

I don't get it though - if you're in a paralegal class, didn't any do handouts so you know what a brief is supposed to look like?

It needs a cover in a certain format; a table of issues; a table of authorities; followed by the argument.

Do you have a book or anything? I can help you learn how to do this but you need to learn how to do it yourself. Once you do it a couple of times you realize it's a lot of busywork. It helps if you're good with a computer.

Does that help?

 

Customer: replied 6 years ago.
Yes, that does help. After I thought about it I knew what TOC meant. Thanks for all of your help. I just have alot going on.
Expert:  Jane Doe Deer replied 6 years ago.

Thanks. Please ask for me if you need help on future projects.

Jane

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.