Saturday, April 21, 2012

Nick Diaz case not on NSAC's April 24 docket, Nevada awaiting Diaz's medical marijuana card

By: Jamie Penick, MMATorch Editor-in-Chief

DiazNick_GG180_19.jpg
Though Nick Diaz's attorney, Ross Goodman, attempted to get things moving last on Diaz's hearing for a positive drug test out of UFC 143, things will be delayed further. Diaz's case will not be determined at the April 24 hearing, despite Goodman essentially issuing an ultimatum on the proceedings last week.

In a response to Goodman's letter from last week, Nevada Attorney General Christopher Eccles stated that the proceedings have been delayed due to Goodman not providing several requested documents, most notably Diaz's medical marijuana card. Further, Eccles told Goodman that he erroneously cited the wrong statue demanding the case be heard within 45 days from issuance, stating that Diaz was not issued a "summary suspension," but instead a temporary suspension.

"On several occasions you told me and Mr. Kizer that Mr. Diaz had a medical marijuana card and that you would produce it," Eccles wrote. "You agreed to produce the card prior to the disciplinary hearing. I've waited more than a month for the card... You have chosen not to provide the requested documents, including Mr. Diaz's card."

Because they have not received the documentation requested, Diaz's temporary suspension remains intact, and the Nevada State Athletic Commission is continuing forward with their First Amended Complaint. The date of the hearing is yet to be determined, but this saga is not coming to an end anytime soon.

Penick's Analysis: Goodman would have had a case with his ultimatum last week, unfortunately he was arguing off a regulation that was not relevant to Diaz's actual temporary suspension here. That takes out one argument for Diaz's camp here, and extends these proceedings further than they'd clearly like it to be delayed. Now he's going to need to provide the documents that have been requested by the Attorney General's office, and they'll need to hope they can get on the agenda for the next Commission meeting.

[Nick Diaz art by Grant Gould (c) MMATorch.com]

Source: http://www.mmatorch.com/artman2/publish/UFC_2/article_13063.shtml

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