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UnderGround Forums >> Diaz legal team considering it's legal options


5/22/12 9:52 AM
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Underground Blog
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MixedMartialArts.com
 

Diaz's lawyer Ross Goodman believes the commission acted in disregard for established and unequivocal Nevada statutory code at Monday's hearing. After being contacted by MMA Fighting, Goodman says Diaz and his legal advisors are strongly considering petitioning a district court to review the NSAC's decision.

Should they choose to move forward, "we would file a petition for judicial review in front of a district court judge," Goodman told MMA Fighting. "It would entitle a judge to basically look at the hearing anew."

Judicial review is a process by which if one requires an occupational license from the state and are denied such authorization by the relevant state agency, the petitioner can ask relevant courts to weigh assess the merits of the petitioner's claims. This method can be used in cases where the petitioner believes the state agency broke the law, acted unfairly or made a decision not based on facts.

In addition to the review, Goodman contends they could also motion the judge for a stay the suspension while he or she deliberates the larger merits of the petition.

read entire article...


5/22/12 9:56 AM
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pennviachoke
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Thought he didn't wanna fight anymore? NSAC isn't in charge of triathlons is it? Phone Post
5/22/12 9:58 AM
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UGCTT_Bispingstolemysn
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 Do it!
5/22/12 10:02 AM
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Cyril Jeff
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double-edged sword right there...

can they "suspend", "put a hold" on the suspension while in litigation?

5/22/12 10:04 AM
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Johnny D
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Wow, not really sure what to think of all this. A part of me says let Diaz fight, and another side says he simply did not comply with the rules. It really seems like a bunch of wasted time and energy on something that's kind of stupid. Phone Post
5/22/12 10:13 AM
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Malachy Friedman
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whether diaz was right or wrong in this
(he would hav been fine if he tried to get the ok from the commission)

the nsac needs a good house cleaning
5/22/12 11:14 AM
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Silverball
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"It was clear by their questioning that their decision was already made up," Goodman said.


5/22/12 11:54 AM
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Jsteven
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What do they have to lose? And that hearing was a joke Phone Post
5/22/12 11:56 AM
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rushinbear
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how about just dont smoke pot so close to fight time...
5/22/12 11:58 AM
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Hate420
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I'd imagine any real judge would get a good laugh out of how poorly the NSAC conducted themselves. Would be interesting.
5/22/12 12:03 PM
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Malachy Friedman
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Edited: 05/22/12 12:03 PM
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yea why dont take trt

all this getting around the rules is bullshit

but if one guy can take testosterone by doctor perscription

and one smoke weed by doctor perscription

which one should the commission be stricter on?

seems like marijuana so far....

and I don't smoke nor advocate pot use

I just don't see the punishment fitting the crime

suspend him for 3-5 months....fine him 5 grand and move along

shit the nba doesnt come down as hard for choking your coach or throwing elbows at unsuspecting opponents
5/22/12 12:08 PM
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rushinbear
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LilBrockonmychest - 
rushinbear - how about just dont smoke pot so close to fight time...

 Nah bro, that totally like, doesn't like, make sense man.



you need to breath man, you cant be holding that in and talking at the same time. That is a dead give away. That and a test that can detect it.
5/22/12 12:10 PM
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SHORT_BUS
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rushinbear - how about just dont smoke pot so close to fight time...

Going by the definition given by the AG’s own “expert witness”, Diaz’ marijuana use was “out of competition”.

5/22/12 12:12 PM
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rrg1
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Silverball - 
"It was clear by their questioning that their decision was already made up," Goodman said.




What do you expect them to do considering that Nick simply doesn't give a shit? They aren't going to waste anymore time or give anymore chances nor should they.

5/22/12 12:13 PM
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pm1964
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Media Monster -  The NSAC has way too much power & the UFC needs to get of their teet.  They are a STATE COMISSION, not national and not legal.

If they suspend Nick - fine he won't fight in Vegas.  But if the UFC puts on a show in CA, Nick should be able to apply for a license and the UFC shouldn't have a problem with it.



Most states refuse to give a license to anybody who is suspended in another sate.
5/22/12 12:13 PM
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rrg1
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Plus, if I were Nick I would just quit now. These dudes are going to break his ass seeing as he's already spent a ton of money and they took 30% and his bonus.
5/22/12 12:15 PM
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rushinbear
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SHORT_BUS - 
rushinbear - how about just dont smoke pot so close to fight time...

Going by the definition given by the AG's own "expert witness", Diaz' marijuana use was "out of competition".



But it exceeded the limits at the time of the test.
5/22/12 12:23 PM
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Seamus619
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rushinbear - how about just dont smoke pot so close to fight time...

Apparently Nick Diaz has a flawed grasp of logic.
5/22/12 12:24 PM
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Morgz
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pm1964 - 
Media Monster -  The NSAC has way too much power & the UFC needs to get of their teet.  They are a STATE COMISSION, not national and not legal.

If they suspend Nick - fine he won't fight in Vegas.  But if the UFC puts on a show in CA, Nick should be able to apply for a license and the UFC shouldn't have a problem with it.



Most states refuse to give a license to anybody who is suspended in another sate.
And California darn sure upholds NV decisions.
 
5/22/12 12:26 PM
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rushinbear
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Seamus619 - 
rushinbear - how about just dont smoke pot so close to fight time...

Apparently Nick Diaz has a flawed grasp of logic.


yeah, Docs figured that out thats why they gave him a prescription for it. *joking folks*
5/22/12 12:30 PM
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rushinbear
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I bet the other 2/3 of his purse will go to the lawyers... just saying!
5/22/12 12:39 PM
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Silverball
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rrg1 - 
Silverball - 
"It was clear by their questioning that their decision was already made up," Goodman said.




What do you expect them to do considering that Nick simply doesn't give a shit? They aren't going to waste anymore time or give anymore chances nor should they.



I expect them to competently do their jobs. You don't get to shortcut the process because your perception is that Nick Diaz doesn't give a shit.
5/22/12 1:05 PM
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Authority Figure
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Malachy Friedman - whether diaz was right or wrong in this
(he would hav been fine if he tried to get the ok from the commission)

the nsac needs a good house cleaning


What makes me happen is that after watching the proceedings I can tell that several members of the commission read this forum. What makes me sad is that they couldn't hide several facts:

1. They had already made up their mind before the proceedings.
2. They don't actually understand the science of testing.
3. They make decisions based on opinion rather than fact.
4. They don't possess the ability to understand intelligent defenses.
5. They confrontational and arrogant.
6. They are defensive (re: prior offenders) and hypocritical (re: advisory positions for known liars).
5/22/12 1:28 PM
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rushinbear
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I hate when tests are inconclusive... leads to all this mess we are seeing....
5/22/12 1:30 PM
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rrg1
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Silverball - 
rrg1 - 
Silverball - 
"It was clear by their questioning that their decision was already made up," Goodman said.




What do you expect them to do considering that Nick simply doesn't give a shit? They aren't going to waste anymore time or give anymore chances nor should they.



I expect them to competently do their jobs. You don't get to shortcut the process because your perception is that Nick Diaz doesn't give a shit.


It's not a perception lol. He basically told them in the beginning he lied to them so he could go home and smoke more weed.

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