People v. Byron (2011, CA Second District Court of Appeal):
A trial judge refused to give our client the marijuana collective defense instructions required by Health and Safety Code § 1162.775. The biased judge also allowed the People to introduce evidence without foundation or based on hearsay with no applicable exception. This prejudicial behavior led the jury to convict Mr. Byron of all counts charged.
Instead of accepting his conviction and the harsh sentence it would have carried, Margolin and Lawrence filed a motion to recuse the judge and an appeal to force the defense to be issued. The write was issued, and Mr. Byron was awarded a new trial on thirteen counts, including marijuana sales, tax evasion, and grand theft of electricity.