UNDER CONSTRUCTION

With this "APPEAL BRIEF" I've challenged the very "CONSTITUTIONALITY" of the NEW JERSEY marijuana laws; for failing to provide a "religious exemption". Also I am appealing for a ruling allowing for a DEFENSE of "OPEN ADVOCATION OF JURY NULLIFICATION" - this appeal has the potential to radically change laws in the State of New Jersey, and to enable ordinary citizens on the jury to change laws with "NULLIFICATION".
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FOR IMMEDIATE RELEASE LONG-AWAITED APPEAL OF THE CRIMINAL CONVICTIONS
OF EDWARD R. FORCHION(A/K/A NJWEEDMAN.COM) FINALLY TO BE HEARD WHAT: ARGUMENT IN THE APPEAL OF
STATE V. EDWARD R. FORCHION WHEN: WHERE: While many of Mr. Forchion’s claims of a “criminal
conspiracy” by New Jersey state officials to prevent a fair trial, because
he’s advocate for changing the current marijuana laws might at first blush
appear to be something out of the mind of Oliver Stone, it is established
fact that in January of 2003, the Honorable Joseph E. Irena’s, U.S.D.J.,
ordered the State of New Jersey to return Mr. Forchion to the Intensive Supervision
Program since the State had violated Mr. Forchion’s First Amendment rights
by incarcerating him due to his advocating a change in the marijuana laws. This is a reported federal decision (of significant precedential
value) the cite of which is: Forchion
v. Intensive Supervised Parole, 240 F.Supp. 302 (D.N.J. 2003);
see also the front page article of the January 27, 2003, New Jersey Law
Journal: “U.S. Judge
Finds No Abstention Bar to Review of State’s ‘Weedman’ Jailing;” along
with Mr. Forchion’s excellent website: NJWeedman.Com. Mr. Forchion claims thought his ordeal in the
Concerning the appeal of the (Dec. 2000) criminal
convictions to be argued on the 28th of April, after the filing
of the appellate brief, the Honorable Stephen W. Thompson, J.S.C., (who
presided over Mr. Forchion’s trial and sentenced him to ten years of prison),
was charged by both state and federal authorities with child pornography. That a compulsive criminal pedophile (who, apparently,
routinely flaunted the laws of this state and the federal government), was
permitted by the State of New Jersey to deprive Mr. Forchion of ten years
of his life is further proof of the farce and mockery of justice that have
plagued Mr. Forchion. Some of the substantial First, Fourth, and Fourteenth
Amendment constitutional issues on Forchion’s appeal include: 1) the “unconstitutionality” of the 2) the issue of “medical necessity” of marijuana;
3) religious and medical defenses; 4) the issue of jury nullification; 5) the selective prosecution of Mr. Forchion; 6) the entrapment of Mr. Forchion by law enforcement;
7) prosecutorial misconduct due to, among other
things the blatent violations of BRADY/GIGLIO
decisions i.e. the concealing the
Arizona reports; and 8) the warrantless and unconstitutional seizure
of the marijuana. The actual appeal briefs and supporting information
about this case can be reviewed on Mr. Forchion’s website at: http://www.njweedman.com/appealbrief.htm Mr. Forchion has petitioned the Appellate
Court to allow him to present his own oral arguements insupport of his supplemental
appellate brief. John Saykanic will argue the appeal. Hopefully, Mr. Forchion
who is again running for a seat in the |
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Appeals court upholds marijuana conviction
By MIKE MATHIS
Burlington County Times TRENTON - (June 3rd, 2004) An appeals court yesterday upheld the
conviction of marijuana-legalization activist Ed "njweedman" Forchion, who
was sentenced to 10 years in prison in 2000 for possession of marijuana he
planned to sell.
Forchion was charged with helping his brother and another man pick up a shipment of 40 pounds of marijuana at Bellmawr Industrial Park in Bellmawr, Camden County, in No-vember 1997. The marijuana had been shipped from a supplier in Arizona via Federal Express. The Pemberton Township resident was tried on charges of distributing marijuana and possession of marijuana with intent to distribute in September 2000. He pleaded guilty to those charges and two unrelated charges during the trial. He was sentenced to 10 years in prison in December 2000 and served 16 months before he was released and admitted to a supervisory program. Although Forchion pleaded guilty, he later appealed his conviction. He contended the drug laws to which he pleaded guilty were unconstitutional and the judge who presided over his trial refused to allow him to argue that use of marijuana for medical or religious purposes should be permitted. Forchion has long maintained his First Amendment rights are being violated because he cannot freely practice his faith as a Rastafarian or state his beliefs. The judge also refused to allow Forchion to propose to the jury the concept of jury nullification, the process of permitting a jury to acquit a defendant because it feels the law he is accused of breaking is unjust. Forchion, who acted as his own attorney at his trial, also contended he was denied effective assistance of counsel because the public defender who was assigned to assist him refused to argue those issues on his behalf. The three-judge appeals panel disagreed with Forchion, ruling the trial judge acted properly when he limited Forchion's defenses. Forchion faces other charges related to the marijuana conviction. He was indicted in Janu-ary for refusing to submit a DNA sample, required under a new state law of all state prisoners and parolees. Forchion has challenged the constitutionality of the law in federal court, contending it is an after-the-fact form of punishment and an illegal invasion of his privacy. If convicted, he faces 18 months in prison. |
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