236 results for 'cat:"Drug Offender" AND cat:"Evidence"'.
J. Thapar finds the trial court properly granted the government's request for forfeiture of more than $92,000 in cash found in defendant's bedroom. He not only admitted to dealing drugs in cash transactions when he was convicted of drug trafficking, but he was also familiar with banking as a small business owner, which made it more likely than not the cash was connected to criminal activity and not his legitimate business. However, more than $20,000 in cash found in a dresser drawer must be returned to defendant, who provided evidence of loans and federal grants to support the stockpile of cash. Affirmed in part.
Court: 6th Circuit, Judge: Thapar, Filed On: May 13, 2024, Case #: 22-2032, Categories: drug Offender, evidence, Forfeiture
J. Russel finds the lower court improperly reversed the defendant's convictions. A bystander called the police when they noticed a man slumped over his steering wheel. The police awakened the defendant and detected a strong odor of alcohol on his breath and a faint odor of marijuana. Officers searched the car and found in the glove compartment a loaded pistol and a bag with 24 grams of heroin. The defendant successfully argued to the lower court that he didn't know about the contraband since the car was his mother's and only drove it several days a week. Maintenance receipts in the glovebox showed he used the car more frequently than led on, and their existence showed he likely knew what was in the glove box. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230511 , Categories: drug Offender, evidence, Dui
J. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: drug Offender, evidence, Ineffective Assistance
J. Badding finds that defendant was improperly convicted of drug offenses after police found mushrooms inside his residence because drug tests did not confirm the presence of psilocybin in mushrooms confiscated from the scene. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 22-1988, Categories: drug Offender, evidence
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[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: drug Offender, evidence, Immigration
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: drug Offender, evidence, Threats
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: drug Offender, evidence, Conspiracy
J. Thacker finds the lower court properly convicted the defendant of two counts of murder with a firearm during the commission of a drug trafficking crime and one count of killing a witness to prevent communication with law enforcement. The defendant robbed a fellow drug dealer before killing her and her 7-year-old son, whom he feared would testify. The defendant contends his rights were violated when investigators used a cell site simulator to obtain his location. The combination of his number being the last the deceased dialed and him being the last to see her, according to her family, is enough probable cause to believe that the location information sought is evidence of, or will lead to evidence of, the misdemeanor or felony being investigated. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: April 30, 2024, Case #: 23-4013, Categories: drug Offender, evidence, Murder
J. Cannataro finds that defendant was properly convicted of drug possession based on a legally sufficient chain of custody for cocaine seized during a traffic stop. Defendant raises evidentiary questions due to the fact that a night passed between between the seizure of the drug and the cocaine being formerly logged, but the evidence remained under police control in sealed envelopes. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 25, 2024, Case #: 33, Categories: drug Offender, evidence
[Consolidated.] J. Ramirez finds the district court properly convicted defendants for money laundering based on sufficient evidence. DEA agents observed defendants carrying suitcases that were later found to contain large amounts of cocaine and $269,000 in cash, and they later found $432,000 hidden in a house associated with the organization. Although defendants' motion to suppress certain evidence alleged a warrantless search, the affidavit did not establish the search occurred without a warrant. Furthermore, defendants' motion for a new trial was properly dismissed as untimely. Affirmed.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 23, 2024, Case #: 22-40570, Categories: drug Offender, evidence, Money Laundering
J. Stevens upholds defendant's drug conviction and 40-year sentence. He argues that, since he was only staying at the apartment temporarily and was not the sole occupant of the apartment, the state failed to prove beyond a reasonable doubt that he knowingly possessed methamphetamine. However, "the logical force of the evidence strongly links” defendant to the illegal drug. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-223, Categories: drug Offender, evidence, Search
J. Hixson finds the trial court properly convicted defendant for sexual assault and introducing benzodiazepine into the victim's body. Defendant's ex-wife testified that defendant was watching their children at her home while she worked. She returned home to find her 16-year-old niece, who was not expected to be there, asleep. She said defendant was acting erratically, and that she discovered a plastic bag containing drugs. After defendant left, the niece disclosed the assault, later testing positive for the drug. Substantial evidence supports the conviction. An exception cited by defendant is not applicable to prosecutorial errors involving closing discussion of evidence not presented at trial. No ineffective assistance or court error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 17, 2024, Case #: CR-23-684, Categories: drug Offender, evidence, Sex Offender
J. Witt finds the lower court properly convicted defendant of delivering and selling .5 grams or more of methamphetamine for selling to a confidential informant in a controlled buy conducted by the Lincoln County Sheriff’s Department. The lower court considered defendant’s criminal history, and applied applicable enhancements, as she was classified as a Range III persistent offender. Evidence is sufficient to support her conviction and sentence of 25 years incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: April 12, 2024, Case #: M2023-00225-CCA-R3-CD, Categories: drug Offender, evidence, Sentencing
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of drug and weapon possession after handguns and drug paraphernalia were found in a red duffel bag and heroin envelopes were recovered from the scene. Defendant contends the state failed to establish constructive possession, but identifying information had been discovered in the bag, and an acquaintance directed police to heroin she hid in the building upon fleeing from defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: 112610, Categories: drug Offender, evidence, Weapons
J. Abele finds the trial court properly denied defendant's motion to suppress in his guilty-plea case to trafficking in cocaine. His failure to use headlights at night gave the arresting officer probable cause to initiate a traffic stop, while his story he intended to stay in West Virginia for several days - one contradicted by his rental car agreement, which required the return of the vehicle to Chicago the following day - was enough to establish probable cause for a search with the officer's canine unit. Although the "field test" weight of the cocaine found in defendant's vehicle differed from that established by subsequent lab tests, the trial court properly admitted the cocaine into evidence because the prosecution established a proper chain of custody and the weight discrepancy was addressed by an expert witness at trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 10, 2024, Case #: 2024-Ohio-1460, Categories: drug Offender, evidence, Search
J. Hoyle finds the trial court properly convicted defendant for possession of codeine. Defendant was arrested after officers saw him "hanging out" by a dumpster in a parking lot. Officers discovered three pills containing codeine after defendant consented to a search, and database documentation regarding codeine levels is sufficient to show the codeine content falls within a particular penalty group. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 10, 2024, Case #: 12-23-00145-CR, Categories: drug Offender, evidence, Sentencing
J. Zimmerman finds defendant's due process rights were not violated when the trial court failed to record in-chambers discussions held with both parties. He offers only speculative arguments as to why the contents of these discussions would benefit him or prove prejudice. Meanwhile, although a portion of lab tests were inconclusive as to whether the substance trafficked by defendant was cocaine, testimony from the confidential informant and defendant's own assertion during the drug sale the substance was cocaine was sufficient for the jury to convict him of drug trafficking. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: April 9, 2024, Case #: 2024-Ohio-1333, Categories: drug Offender, evidence, Due Process
J. Erickson finds the lower court properly declined to suppress 66 pills, methamphetamine, and marijuana in defendant's trial for possession with intent to distribute a controlled substance. Defendant, who entered a conditional plea, contends the court improperly ruled that the search of his backpack had been voluntary, but evidence indicates that the mother of defendant's child was entitled to turn over the backpack, and that she consented to the search because her phone was inside. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 5, 2024, Case #: 23-2179, Categories: drug Offender, evidence, Search
J. Aarons finds that defendant was properly convicted of menacing and drug and weapon possession after a search of his apartment uncovered marijuana and cocaine following his arrest for pointing a gun at his then-girlfriend and her children. Defendant contends the weight of the evidence did not support constructive possession, but he admitted the gun and marijuana were his and that he lived in the apartment in which the cocaine had been found. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 4, 2024, Case #: 112513, Categories: drug Offender, evidence
J. Neeley finds the trial court properly denied defendant's motion to suppress during his drug case. Officers obtained a warrant to search defendant's home after he was identified by an informant who admitted to having drugs during a traffic stop. Though the informant's information had not been corroborated, his first-hand observation of criminal activity provides a basis for his knowledge of the facts. Credibility need not be independently established when no confidential informant is used. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 3, 2024, Case #: 12-23-00268-CR, Categories: drug Offender, evidence
J. Wright finds the trial court properly revoked defendant's probation from his guilty plea conviction for sexual assault. Defendant failed to obtain a sex offender driver’s license and install a locator on his phone, missed multiple drug tests, contacted multiple women, including the victim, and failed to make required payments. Text messages from defendant's burner phone were properly admitted. The messages were not offered to prove the truth of the matter asserted, but to show context, and, so, were not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-22-00058-CR, Categories: drug Offender, evidence, Sex Offender
J. Brennan reverses the suppression of 50 vials of THC and the defendant’s admission that he was doing something wrong to make some extra money. The police detective who stopped the defendant acted on a reasonable suspicion when he stopped him, based on the detective’s extensive background observing and intercepting drug transactions, and the seller and defendant’s behavior.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: April 2, 2024, Case #: 23-P-358, Categories: drug Offender, evidence, Search
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence located in his vehicle during a traffic stop for equipment violations. The defendant argued that authorities improperly obtained a warrant to search his residence, which resulted in the discovery of cash, cocaine, and a loaded firearm. However, the government sufficiently showed in court that police officers were entitled to enter his home after he called an associate from his cell phone while sitting in the back of a patrol car and directed him to hide his drugs, which was captured on a dash cam. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: March 28, 2024, Case #: 23-1412, Categories: drug Offender, evidence, Firearms
J. Hoyle finds the trial court properly convicted defendant for possession of a controlled substance with intent to deliver. Officers found a ledger of narcotic sales, meth and other drug-related items in defendant's vehicle after responding to a domestic disturbance. Defendant says the state’s comments about adding “cut” to the meth constitute impermissible jury argument, contending it exceeded evidence presented at trial and did not make a reasonable deduction from that evidence. Defendant did not object to the comment and the argument is not preserved, though the comment still made a reasonable inference regarding the drug/cut mixture quantity. Furthermore, because counsel has wide latitude to draw inferences from the evidence, the argument was not improper. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00100-CR, Categories: drug Offender, evidence, Prosecutorial Misconduct
J. Virden finds the trial court properly convicted defendant for meth possession with the purpose to deliver based on sufficient evidence. An officer staking out a known drug house saw defendant pull up in his vehicle, stopped him, and found baggies with meth on his person. Furthermore, a search of his vehicle yielded various amounts of meth, as well as baggies. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-337, Categories: drug Offender, evidence, Search