229 results for 'cat:"Drug Offender" AND cat:"Evidence"'.
J. Kobes finds a lower court properly sentenced a defendant to 292 months in prison after a jury convicted him for possession with intent to distribute meth. The defendant argued that he was entitled to an acquittal for lack of evidence on two drug convictions. However, the government sufficiently showed in court that he constructively possessed and distributed meth which was located in his apartment, and that he established dominion over the residence by paying utilities and a power bill in his name. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 23, 2024, Case #: 22-3573, Categories: drug Offender, evidence, Sentencing
J. Murphy finds the trial court properly convicted defendant for drug trafficking and firearms charges. Officers conducted a search of defendant's home based upon information from a different investigation for theft, finding a white crystal substance in plain sight. The ensuing warranted search yielded several glass pipes, as well as digital scales and plastic bags containing particles of meth. Over three pounds of meth were also seized, as well as rifles and $16,000 in cash. Evidence concerning an untested substance was relevant and admissible, and not outweighed by any possible prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: v, Filed On: February 21, 2024, Case #: CR-23-103, Categories: drug Offender, evidence, Search
J. Williamowski finds the trial court in Henry County was the proper venue for defendant's trial on a charge of engaging in a pattern of corrupt activity. Testimony from various witnesses, including confidential informants, established defendant was part of a gang and sold cocaine and other drugs at a street corner within the court's jurisdiction. Meanwhile, testimony from an informant who bought and then distributed drugs from the street corner established a criminal enterprise and was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-627, Categories: drug Offender, evidence, Jurisdiction
J. Luthy finds the trial court properly convicted a man on two counts of possession of a controlled substance with intent to distribute. The man says his attorney’s assistance was ineffective, for example because he did not object to testimony related to how much of the drugs are usually kept for personal use, for example. His arguments are unpersuasive. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210868-CA, Categories: drug Offender, evidence, Ineffective Assistance
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J. Barrett finds the trial court properly convicted defendant for burglary, drug possession and related charges. Police received a report of a home break-in and arrived at the scene to discover a shop, vehicle and home had been broken into and ransacked. A game camera showed defendant and his accomplices committing the break-in, all of whom were later identified when defendant was stopped for driving with a suspended license. A search of the vehicle yielded meth and a pipe. Accomplices testified to defendant's having stolen items from the victim's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CR-23-449, Categories: Burglary, drug Offender, evidence
J. Cadish finds the trial court properly convicted defendant for murder. After the victim texted defendant regarding an impending drug deal, a distinctively identifiable BMW, later found to belong to defendant, arrived at the victim's location. The driver of the BMW shot into the victim's vehicle's window, and the victim was later found to be deceased. An associate of defendant's also identified him as the shooter. Evidence from another murder investigation involving defendant was relevant due to the similarity of the events. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85784, Categories: drug Offender, evidence, Murder
J. Lewis finds the trial court properly denied defendant's motion to suppress search evidence obtained from a home owned by his father during his trial on drug and weapons charges. The warrant obtained by police was supported by probable cause, including testimony from a confidential informant who observed a large quantity of cocaine inside the residence and the fact that garbage was not routinely taken to the curb for collection despite a significant amount of foot traffic at the property. Meanwhile, defendant's drug and weapons convictions were supported by sufficient evidence, including that he was the primary individual seen going to the home over the course of a two-year investigation, had bills delivered to his name at the address, and was found within arm's reach of a weapon when police executed the search warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 9, 2024, Case #: 2024-Ohio-484, Categories: drug Offender, evidence, Search
Per curiam. The Eighth Circuit finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that he was entitled to an acquittal for lack of sufficient evidence. However, the government sufficiently showed at trial that his co- defendants testified that he knowingly sold meth, which was backed up by text messages sent to his co- conspirators about "fronting pound-sized quantities" of the drug. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: February 8, 2024, Case #: 23-1243, Categories: drug Offender, evidence
J. Borchers finds that defendant was improperly convicted of introducing a controlled substance into a jail. Law enforcement, rather than defendant, brought defendant's backpack containing drugs into the jail; therefore, evidence did not support his conviction. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1454, Categories: drug Offender, evidence
J. Kobes finds a lower court properly sentenced a defendant to 180 months in prison for engaging in a conspiracy to traffic thousands of oxycodone and fentanyl pills, travelling from Michigan to North Dakota. The defendant argued that his three level sentence enhancement is unreasonable. However, the government presented sufficient evidence in court that he acted as a manager in the drug trafficking ring when he directed a new recruit to distribute opioid tablets and other pills. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 6, 2024, Case #: 23-1522, Categories: drug Offender, evidence, Sentencing
J. Miller finds that defendant's drug trafficking and possession convictions were not against the weight of the evidence. Even though his accomplice was the one initially arrested in possession of methamphetamine and fentanyl, the car in which he was arrested was registered to defendant and the accomplice admitted to police he was completing drug runs at the behest of defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 5, 2024, Case #: 2024-Ohio-394, Categories: drug Offender, evidence, Accomplice Liability
J. Donovan affirms the defendant’s conviction of selling a controlled substance resulting in death. The Strafford County Attorney’s office properly used its discretion to avoid a conflict of interest, and the defendant fails to support his belief that the evidence against him is insufficient to prove his guilt. Affirmed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: February 2, 2024, Case #: 2022-0306, Categories: drug Offender, evidence
J. Wood finds the lower court properly sentenced defendant to 66 years in prison for convictions on charges of meth possession with purpose to deliver, drug paraphernalia possession and possession of marijuana. After drugs were found in defendant's vehicle during a traffic stop, more drugs were found at his home. The evidence was properly admitted and supports the conviction along with testimony given by defendant's accomplice. An investigator's testimony involving community impact was not prejudicial because defendant was not sentenced to the maximum term despite haven been tried as a habitual offender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 31, 2024, Case #: CR-23-281, Categories: drug Offender, evidence, Sentencing
J. Pagan finds the trial court erred in denying defendant’s motion for a judgment of acquittal in a drug case. Defendant’s methamphetamine was undivided, there were no packaging or distribution materials and the state “did not identify a recipient for the drugs.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A177280, Categories: drug Offender, evidence
J. Colloton finds a lower court properly sentenced a defendant to 280 months in prison for possession of a firearm and meth, which police discovered in a boot under the seat of his vehicle. The defendant argued that the lower court erred in admitting testimony concerning his arrest and a conviction in 2016. However, the government sufficiently showed in court that the evidence presented was relevant and that the defendant knowingly used a firearm to traffic drugs. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 29, 2024, Case #: 22-3424, Categories: drug Offender, evidence, Firearms
J. Colloton finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that his 300-month sentence is unreasonable. However, the government presented sufficient evidence in court that the defendant played a major role in a meth trafficking conspiracy alongside his co-conspirator, who testified in court that he accompanied her on out-of-town drug runs, trafficking at least 120 kilograms. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 26, 2024, Case #: 23-1542, Categories: drug Offender, evidence, Sentencing
J. Walker finds the lower court properly denied the defendant's motion to suppress evidence stemming from the execution of a search warrant. The police had probable cause to search his residence because an accomplice to his firearms and drug selling told them they would find a plethora of evidence at his house following a post-arrest interview. Affirmed.
Court: 4th Circuit, Judge: Walker, Filed On: January 25, 2024, Case #: 22-4088, Categories: drug Offender, evidence, Firearms
J. Harrison finds the trial court properly convicted defendant for possession of meth based on sufficient evidence. Defendant was found by his parole officer during a home visit to be under the influence of and in possession of meth. Furthermore, the jury properly declined defendant's challenge to evidence sufficiency based on the inability of the officer who measured amounts of the drug to testify, who was killed in the line of duty. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 24, 2024, Case #: CR-22-732, Categories: drug Offender, evidence, Due Process
J. Neeley finds the trial court properly convicted defendant for meth possession. Though defendant was found not guilty for intent to deliver, because the possession conviction was enhanced by prior felony convictions designating him as a habitual offender, defendant was sentenced to 99 years. The possession conviction, enhanced to the punishment range for a first-degree felony, is as serious as the offenses committed by a defendant in a cited case who received a life sentence. Defendant's 99-year sentence is not more severe. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 24, 2024, Case #: 12-23-00205-CR, Categories: drug Offender, evidence, Sentencing
J. Egan finds the trial court properly declined to strike or instruct the jury to disregard vouching evidence admitted during the investigating officer’s testimony. “There was no indication that the state offered the detective’s statements and the video for their truth.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 24, 2024, Case #: A177905, Categories: drug Offender, evidence
J. King finds the lower court properly denied the defendant's motion to suppress evidence that police seized from his house. The defendant's wife told officers when they attempted to execute an arrest warrant at the defendant's home that another grown woman, two children, and a dog were in the residence, giving the officers credible reason to conduct a sweep of the home to ensure the civilian's safety. While conducting the sweep, an officer found guns and THC gummies. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 23, 2024, Case #: 22-4536, Categories: drug Offender, evidence, Firearms
J. Mayle finds that even though defendant's fingerprints were not found on drug paraphernalia and he was not physically in the hotel room where the drugs were seized, his convictions for drug possession were not against the weight of the evidence because testimony from several codefendants conclusively established he used his vehicle to transport shipments from suppliers to the hotel room and, therefore, had constructive possession of the drugs. Meanwhile, the delays in defendant's trial were caused by illnesses and his own attorney's motions for continuances, all of which tolled the speedy trial clock and allowed the trial court to deny his motion to dismiss on those grounds. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 19, 2024, Case #: 2024-Ohio-185, Categories: drug Offender, evidence, Speedy Trial
J. St. Eve finds that the lower court properly denied defendant's motion to suppress evidence of drugs, cash, and a gun in his apartment after detectives obtained a search warrant based on a tip he was dealing drugs out of his home. The lower court reasonably found the detectives' testimony credible and any misstatements in the affidavit, which was admittedly deficient, were not reckless or intentional. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: January 12, 2024, Case #: 23-1057, Categories: drug Offender, evidence, Search
J. Zmuda finds the trial court properly denied defendant's motion to limit out-of-court testimony provided by a confidential informant who purchased drugs. Defendant admitted in his own testimony to all of the drug sales mentioned by the informant. Meanwhile, defendant's argument he was a small-time dealer who only sold drugs to feed his own addiction did not require the court to impose concurrent sentences, as the serious nature of his conduct and status as a repeat offender allowed for consecutive sentences, especially considering the court made all required findings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 12, 2024, Case #: 2024-Ohio-115, Categories: drug Offender, evidence, Sentencing
J. Hoyle finds the trial court properly sentenced defendant following his conviction for possession of a controlled substance. All evidence supports the conviction, all sentencing factors, including the jury's finding of an enhancement as true, were properly considered, and his sentence is within statutory guidelines. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 11, 2024, Case #: 12-23-00220-CR, Categories: drug Offender, evidence, Sentencing
J. Boomgaarden finds that the lower court improperly granted a request for a writ of review to challenge the suppression of drug evidence regarding defendant's misdemeanor possession charge. The state was eventually successful in getting the suppression order reversed, but did so using incorrect assertions that the review was of "great public import." There is nothing rare or unusual about this case that would have justified the writ, as the initial suppression of evidence was well grounded in the Fourth Amendment. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: January 11, 2024, Case #: S-23-0063, Categories: drug Offender, evidence
J. Marcotte finds that defendant was properly convicted of possession with intent to distribute marijuana, possession of a firearm while in possession of marijuana, and possession of a firearm by a convicted felon. Defendant's probation officer received an anonymous telephone tip that defendant was at a car wash in possession of a large amount of marijuana and a weapon. Defendant was found in possession of car keys when he was arrested, which gave him dominion and control over the contents of the truck, including the gun, drugs and drug-dealing paraphernalia. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: January 10, 2024, Case #: 55,441-KA, Categories: drug Offender, evidence