236 results for 'cat:"Drug Offender" AND cat:"Evidence"'.
J. Sullivan finds that the lower court improperly quashed two counts against defendant for delivery of a controlled substance after he filed a habeas corpus petition seeking dismissal and disclosure of the identity of the confidential informant. Pennsylvania’s confidential informant being willing to testify that defendant was dealing methamphetamines is sufficient to link defendant to the counts. Reversed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S45038-23, Categories: Criminal Procedure, drug Offender, evidence
J. Lewis finds the trial court erroneously denied defendant's motion to suppress evidence obtained from a search of his person. Although police had a warrant to search his residence, he was driving a few blocks away from the property when officers arrived, which rendered their traffic stop and detainment unconstitutional. Defendant was seen leaving his home immediately before he was pulled over, but because there was no suspicion of criminal conduct, officers were not permitted to search him or take his cell phone; therefore, because evidence from the phone permeated the entire trial, defendant's drug trafficking convictions will be vacated and the case remanded. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: March 15, 2024, Case #: 2024-Ohio-981, Categories: drug Offender, evidence, Search
J. St. Eve finds that the lower court properly convicted defendant of possession of marijuana and possession of a firearm as a felon. A jury could infer that defendant possessed the gun based on his responses to deputies' questions, and because it was in close proximity to him in the car on the day of the offense. Further, while defendant only acknowledged ownership of the bag with the drugs inside it, it is only logical that the second bag containing scales also belonged to him. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 15, 2024, Case #: 23-1315, Categories: drug Offender, evidence
J. McKeig affirms the defendant's conviction for knowingly permitting a minor to ingest methamphetamine. The state provided sufficient evidence, including the defendant's relationship with the child's host family and regular contact with the child and her friend, both 14, to make the hypothesis that the defendant knew the children were under 18 the only rational one. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 13, 2024, Case #: A22-0200, Categories: drug Offender, evidence, Child Victims
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J. Holloway finds the lower court properly convicted defendant of possession with intent to sell or deliver more than .5 grams of methamphetamine within 1,000 feet of a public elementary school, possession of drug paraphernalia, driving on a suspended license and violation of the financial responsibility law. During the course of a traffic stop outside an elementary school, defendant's vehicle was searched as a K-9 indicated the possible presence of narcotics. The lower court found the officers had probable cause for the traffic stop as they believed defendant was driving with his license suspended, officers also had a warrant for defendant’s arrest prior to the stop, and since defendant was on probation, his cell phone was subject to a warrantless search. Defendant received an effective sentence of 25 years incarceration. The instant court finds defendant is not entitled to relief in this matter. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: March 13, 2024, Case #: E2022-01661-CCA-R3-CD, Categories: drug Offender, evidence, Search
J. Harrison finds the trial court properly convicted defendant by conditional guilty plea for charges related to drug and drug paraphernalia possession, and firearm possession. Defendant reserved the right to challenge the denial of his motion to suppress evidence recovered in a warrantless search of his pickup truck prompted by a drug dog alert. The dog died from cancer soon after the search, and its success record was lost due to a computer crash. The dog's alert was not the only fact contributing to probable cause. The officer also saw defendant's vehicle moving erratically and smelled marijuana inside. This alone can provide probable cause for a vehicle search. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 13, 2024, Case #: CR-23-35, Categories: drug Offender, evidence, Search
J. Brown finds the trial court properly convicted defendant for delivery of a controlled substance and maintaining a drug premises. Several controlled buys of drugs from defendant were made by detectives using a confidential informant. Ample evidence supports the convictions, as well as defendant's more than 100-year sentence as a habitual offender. The informant identified defendant as the seller, and defendant's claim the exchange of money not being recorded on a device shows that evidence is lacking is unpersuasive. The informant's testimony does not require corroboration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CR-23-347, Categories: drug Offender, evidence
J. Sheehan finds defendant's drug possession charge was supported by sufficient evidence. Although he did not have the baggie of cocaine on his person when he was arrested, it was found in the driveway where his vehicle was parked immediately before he was pulled over and had been "freshly dropped," according to the testimony of the arresting officer, who noted the baggie was dry while the ground was wet. Furthermore, the lack of an estimate for repair costs to the police vehicle does not require a reversal of defendant's conviction for vandalism. The pictures showing the damage to the vehicle after defendant reversed into it in an attempt to escape clearly showed damage in excess of $1,000, all that was required for the jury to convict him. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: March 7, 2024, Case #: 2024-Ohio-839, Categories: drug Offender, evidence, Vandalism
J. Abramson finds the trial court properly convicted defendant for cocaine trafficking and paraphernalia possession. After defendant was arrested following a traffic stop and search yielding the drugs, she made certain statements recorded by the police cruiser's cameras prior to Miranda warning. The statements were properly admitted, being the officer did not question defendant, but merely responded to her questions regarding narcotics found in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 6, 2024, Case #: CR-23-452, Categories: drug Offender, evidence, Miranda
J. Wedemeyer finds the lower court properly convicted defendant of assault, kidnapping, possession with intent to sell or deliver heroin, four counts of possession with the intent to sell or deliver four different scheduled drugs, and possession of drug paraphernalia. Police were called to respond to a possible domestic disturbance at a motel. The room in which defendant had been staying was the subject of the call and subsequent search where a variety of drugs and paraphernalia were discovered; and evidence of assault against defendant’s girlfriend was also observed. Though defendant argues search of the motel room and cell phones was not proper, the lower court found no error with the searches and the instant court agrees. Evidence is sufficient to support defendant’s convictions and effective sentence to 14-years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: March 6, 2024, Case #: M2022-01233-CCA-R3-CD, Categories: drug Offender, evidence, Assault
J. Anderson reverses the Court of Appeals' order reversing the district court's findings that the defendant's arrest warrant had been quashed prior to her arrest and that a search of her person during the arrest was unconstitutional. The good-faith exception to the Minnesota Constitution's exclusionary rule does not apply to evidence obtained during a search on a quashed warrant in this case, since the arrest and search were closely connected to government error and the exclusion of evidence would serve the remedial purpose of the rule, particularly by deterring government misconduct generally.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: March 6, 2024, Case #: A22-1314, Categories: drug Offender, evidence
J. Shepherd finds a lower court properly sentenced a defendant to 420 months in prison and three years probation for conspiracy to sell fentanyl and distribution of fentanyl that resulted in the death of a man in a casino. The defendant argued that the lower court erred in admitting text messages between himself and a co-conspirator named "Glenn." However, the government sufficiently showed in court that the defendant's text messages to his co-conspirator concerning drug sales of fentanyl were not erroneously admitted during his trial. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-2211, Categories: drug Offender, evidence
J. Douglas finds the district court properly convicted defendant, by guilty plea, for conspiracy to possess with intent to distribute 50 grams or more of meth. The court also denied defendant habeas relief for his argument that trial and appellate counsel were ineffective for failing to object to the purity of meth attributed to him. That defendant was accountable for a certain amount of the drug by weight makes his evidentiary argument meritless. The court would have adopted the same guideline range and imposed the same sentence even if the drug purity objection had been made. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: March 1, 2024, Case #: 22-51046, Categories: drug Offender, evidence, Ineffective Assistance
Per curiam, the circuit finds the district court properly convicted defendant for conspiracy to possess with intent to distribute meth and conspiracy to commit money laundering. After a postal inspector alerted authorities to a package later confirmed to be a drug shipment, a package type and activity profile was set up that led investigators to defendant. Sufficient evidence, including wiretapped phone conversations, supports the conviction. Defendant declined the plea offer, and no abuse of discretion is found in the conviction or sentence. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 29, 2024, Case #: 23-60101, Categories: drug Offender, evidence, Money Laundering
J. Shepherd finds a lower court properly sentenced a defendant to 92 months in prison following a conviction for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to suppress evidence located by authorities in a traffic stop. However, the government sufficiently showed in court that a patrol officer discovered meth, cocaine, and drug paraphernalia inside the defendant's vehicle with the help of a drug sniffing canine, and had reasonable suspicion to pull him over for running a stop sign and speeding. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 26, 2024, Case #: 23-2121, Categories: drug Offender, evidence, Sentencing
J. Witt finds the lower court properly convicted defendant of driving on a cancelled, suspended or revoked license second offense, evading arrest in a motor vehicle and possession of unlawful drug paraphernalia. Defendant failed to stop when a police officer attempted a traffic stop after discovering defendant, the registered owner of the vehicle, had a suspended driver license. The officer followed defendant for approximately eight minutes before defendant stopped his vehicle and a subsequent search of the vehicle uncovered drug paraphernalia. Evidence is sufficient to support defendant’s convictions and sentence of two years, suspended to 30 days of supervised probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00778-CCA-R3-CD, Categories: drug Offender, evidence, Resisting Arrest
J. Moore finds trial court improperly admitted the test results from a TruNarc, a handheld narcotics analyzer, which an Irvine police officer testified about. The officer was not qualified to testify regarding the scientific principles of laser technology, as this was a new technique. Defendant’s conviction for simple possession carisoprodol must be reversed due to the improper evidence of the TruNarc. The trial court properly convicted defendant on two methamphetamine charges. Affirmed in part. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 23, 2024, Case #: G061764, Categories: drug Offender, 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
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