The Louisiana Supreme Court has reversed an appellate court’s decision that an Iberia Parish’s man’s life sentence as a habitual offender was excessive and unconstitutional.
At issue was Anthony Daye, a 34-year-old fifth-felony offender, who was convicted of second-offense marijuana possession in 2012 and sentenced to life under the habitual offender law.
The Supreme Court agreed that Daye’s sentence should be reconsidered by the trial court in Iberia Parish, but only because there was not enough explanation in the sentencing. They reversed the Third Circuit Court of Appeal’s ruling that Daye should be sentenced to "lower than the maximum" of life. The minimum sentence was 20 years in prison.
"The court’s decision should not be read necessarily to limit the district court’s discretion in resentencing the defendant. On the facts before us, a life sentence may very well be constitutionally permissible. But it can only be so if the trial court clearly articulates its reasons," Justice Scott J. Crichton wrote in a ruling released Friday.
Daye was arrested for possessing a little over an ounce of marijuana in 2010. His other prior felony convictions includes: introduction of contraband into a penal institution; attempted possession of a firearm by a convicted felon; aggravated second degree battery; possession with intent to distribute cocaine and distribution of cocaine.
Daye is serving his sentence at Louisiana State Penitentiary in Angola.
Photo: Via Wikimedia Commons.
A 2,400-year-old “Siberian Ice Maiden” apparently knew something that not all US lawmakers do: Cannabis is a perfect palliative for cancer.
Discovered in 1993 by archaeologist Natalia Polosmak, the mummified remains of this woman, also known as the “Princess of Ukok,” were recently examined by a team of Russian scientists. They found that the woman, who was heavily tattooed and died when she was between 20 and 30 years old, suffered from and ultimately succumbed to breast cancer.
“‘I am quite sure of the diagnosis — she had cancer,” one of the scientists told the Siberian Times. “She was extremely emaciated. Given her rather high rank in society and the information scientists obtained studying mummies of elite Pazyryks, I do not have any other explanation of her state. Only cancer could have such an impact.”
The researchers also believe that the woman used cannabis to treat herself. A container of the herb was found in her burial chamber, along with a “cosmetics bag.”
“Probably for this sick woman, sniffing cannabis was a forced necessity,” another scientist said, noting that wine, hashish, opium, henbane, mandrake, aconite, and Indian hemp were all used at the time as painkillers. “And she was often in altered state of mind. We can suggest that through her could speak the ancestral spirits and gods. Her ecstatic visions in all likelihood allowed her to be considered as some chosen being, necessary and crucial for the benefit of society. She can be seen as the darling of spirits and cherished until her last breath.”
Hey, Idaho, Utah, Wyoming, Texas, Oklahoma, Kansas, North Dakota, South Dakota, Wisconsin, Iowa, Missouri, Arkansas, Louisiana, Indiana, Kentucky, Tennessee, Alabama, Florida, Georgia, South Carolina, Virginia, West Virginia, and Pennsylvania: Stick that in your pipe and smoke it. (Siberian Times)