236 results for 'cat:"Drug Offender" AND cat:"Evidence"'.
J. Miller finds the lower court properly dismissed a charge against defendant for trafficking more than 1,000 grams of synthetic cannabinoids deriving from cereal bars containing THC law enforcement seized from his home along with marijuana plants. Because the prosecutor could not prove the THC in the cereal bars was artificially produced or otherwise synthetic in origin and not derived from part of the cannabis plant based on a chemist's testing, and because the term "synthetic cannabinoids" is not defined in the relevant Florida statutes, a case cannot be properly made for the dismissed charge. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: December 20, 2023, Case #: 22-0524, Categories: drug Offender, evidence
J. Johnson finds that defendant was properly convicted of possession of methamphetamine. There was drug evidence found in a search of the residence defendant shared with his girlfriend in an area that defendant had control over, and defendant and his girlfriend sought a deal to avoid arrest that day. Defendant voluntarily went to the law enforcement office, completed paperwork, and provided information regarding other drug dealers. Further, defendant did not confess to possession of the drugs. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: December 20, 2023, Case #: 23-KA-148, Categories: drug Offender, evidence
J. Welch finds the trial court properly convicted defendant for possession of a controlled substance, resisting arrest and child abuse based on sufficient evidence. Defendant's vehicle contained cocaine and marijuana, and, upon a search of the hotel room described by the informant, police found drugs, as well as defendant's brother watching defendant's children and dogs in poor living conditions. Furthermore, evidence of child abuse, as well as that of certain witness testimony, were properly allowed and not prejudicial. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 19, 2023, Case #: A-22-595, Categories: drug Offender, evidence, Child Victims
J. Grasz finds a lower court properly convicted a defendant for distribution of fentanyl resulting in death and two counts of unlawfully possession a firearm as a felon. The defendant argued that the lower court erred in allowing testimony in court brought by the girlfriend of a deceased customer, who died from overdose, and failed to present evidence that he carried a firearm. However, the government sufficiently showed in court that text messages between the defendant and a buyer showed that he sold him fentanyl-laced heroin, which resulted in his death, and that he carried a weapon while trafficking drugs. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 14, 2023, Case #: 22-3499, Categories: drug Offender, evidence, Weapons
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J. Shepherd finds a lower court properly denied a defendant's motion to suppress evidence located by authorities during a traffic stop. The defendant, who disclosed that he was travelling to Las Vegas, argued that the State troopers did not have reasonable suspicion to search his vehicle. However, the government presented sufficient evidence in court that the defendant, who has "extremely rotting teeth," was profusely sweating and exhibiting nervous behavior, possessed a firearm, ammunition, and meth, which was discovered during a drug dog alert. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 14, 2023, Case #: 23-1012, Categories: drug Offender, evidence, Search
J. Wright finds the trial court properly convicted defendant for possession of a controlled substance based on sufficient evidence. The arresting officer discovered defendant living in a purportedly stolen RV while investigating a report of a stolen RV, and found baggies of meth, glass pipes with meth residue, digital scales and used syringes during a search. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: December 13, 2023, Case #: 09-21-00266-CR, Categories: drug Offender, evidence, Sentencing
J. Johnson finds the trial court properly convicted defendant for the manufacture or delivery of a controlled substance after defendant pleaded guilty to the charge, but "not true" to sentencing enhancements for a prior burglary offense. However, an investigator's testimony comparing fingerprints and other evidence shows defendant was previously convicted of burlgary. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 13, 2023, Case #: 09-22-00400-CR, Categories: drug Offender, evidence, Sentencing
J. Moore finds the trial court properly sentenced defendant by plea-based conviction for attempted possession of meth with intent to deliver. During a routine traffic stop, the officer discovered $18,000 and one pound of meth in the vehicle. After receiving a Miranda warning, defendant agreed to speak and admitted to delivering several pounds of meth and marijuana, and that the money was from the sale of the drugs. All evidence supports conviction, and the sentences were within the statutory range. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 12, 2023, Case #: A-23-277, Categories: drug Offender, evidence, Sentencing
J. Duncan finds the trial court properly convicted defendant for prescribing pain medication without a legitimate purpose. Defendant was the only doctor working for the "pill mill." Several co-conspirators and the owner of the operation posing as a pain management clinic pleaded guilty, testifying against the physician. The jury was presented with overwhelming proof defendant knew the prescriptions he wrote were medically unauthorized, and he cannot show any proposed error in jury instruction effected his substantial rights. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: December 11, 2023, Case #: 22-20515, Categories: drug Offender, evidence, Jury Instructions
Per curiam. The Eighth Circuit finds a lower court properly sentenced a defendant after he pleaded guilty to possession with intent to distribute 50 grams or more of meth and possession of a firearm as an unlawful user of controlled substance. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that authorities located a "user- amount" of meth in his vehicle and a loaded pistol. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 22-3101, Categories: drug Offender, evidence, Firearms
J. Wood finds the circuit court properly denied defendant's petition for post-conviction relief from his conviction for multiple drug-related felonies. The presence of an HBO documentary film crew during the search of defendant's home did not violate rights against unreasonable search and seizure. Any questions as to the legality of the film crew's presence would not render the judgment void. Counsel pursued evidence suppression and claims of ineffective assistance are not supported. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: December 7, 2023, Case #: CR-23-160, Categories: drug Offender, evidence, Search
[Consolidated] J. Johnson finds the trial court properly convicted defendant for possession with intent to deliver a controlled substance and unlawful possession of a firearm by a felon based on sufficient evidence. The arresting officer had reasonable suspicion to conduct a search the vehicle defendant was driving as defendant was not the registered owner, was behaving nervously and the car's registration was not current. The officer discovered various drugs, as well as a shotgun in the vehicle. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00145-CR, Categories: drug Offender, evidence, Search
J. Gruender finds a lower court properly sentenced a website operator to life in prison. The defendant argued that the lower court erred in allowing testimony concerning injuries and deaths of 11 customers, who died from fentanyl poisoning. However, the government sufficiently showed in court that the defendant's customers thought they were buying Adderall analogue from his site, which was actually fentanyl. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: November 28, 2023, Case #: 22-2980, Categories: drug Offender, evidence, Criminal Negligence
J. Baldwin finds the detective's testimony at trial identifying the voices of he and defendant on an audio recording of the arrest that led to drug charges properly authenticated the recording and allowed the trial court to enter it into evidence. Meanwhile, the trial court properly imposed consecutive sentences because it not only made all required findings, but defendant's lengthy history of criminal conduct, coupled with the variety and amount of drugs found in his possession, supported the sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: November 27, 2023, Case #: 2023-Ohio-4263, Categories: drug Offender, evidence, Sentencing
[Consolidated.] J. Miller finds the trial court properly denied defendant's motion to suppress statements made during two custodial interviews with police during his involuntary manslaughter case. None of the officers who interviewed him used coercive behavior and he was free to leave at any time, and his claim he was under the influence of fentanyl at the time of his second interview is meritless. Meanwhile, defendant's admission he sold the victims drugs shortly before they died of overdoses was sufficient to support all of his convictions, as the victims were unaware they purchased fentanyl. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: November 27, 2023, Case #: 2023-Ohio-4252, Categories: drug Offender, evidence, Manslaughter
J. Riley finds a lower court ruled correctly in convicting defendant on drug charges. Defendant raised a number of issues with his conviction, including what he said was the court’s consideration of uncharged conduct and circumstantial evidence, but evidence of defendant’s drug-dealing was not “purely circumstantial,” and there was sufficient evidence to convict him regardless. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-CR-604, Categories: drug Offender, evidence, Fair Trial
J. Kelly finds a lower court properly sentenced a defendant to 132 months in prison and five years probation after he conditionally pleaded guilty to possessing with intent to sell fentanyl. The defendant argued that the lower court erred in denying his motion to suppress evidence seized by authorities at a Greyhound Bus station, which resulted in a drug sniffing dog alerting to narcotics in his backpack. However, authorities properly obtained a warrant based on suspicion that the defendant was armed and dangerous, his nervous demeanor, and the probability that he may attempt to flee. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: November 20, 2023, Case #: 22-3006, Categories: drug Offender, evidence, Sentencing
J. Marion finds a lower court ruled correctly in convicting defendant of delivery of a controlled substance. Defendant argued there was not adequate evidence to convict her and that a lower court erred by not instructing the jury that testimony from a confidential informant must be corroborated by law enforcement, but defendant did not object to the lack of instruction at trial and there is other evidence linking her to the offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 20, 2023, Case #: 08-23-00126-CR, Categories: drug Offender, evidence, Jury Instructions
J. Atkins finds that the trial court should not have granted defendant's motion to suppress drug evidence. The officer searched defendant's residence under a warrant based on a confidential informant buying cocaine from someone at the residence. Further, the officer explained in his affidavit that he had been surveilling the residence before the controlled buy and observed visits "indicative of narcotic activity." Therefore, there was probable cause for the warrant. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: November 20, 2023, Case #: 2023-K-0690, Categories: drug Offender, evidence, Search
J. Grasz finds a lower court properly denied a defendant's motion to suppress evidence after he pleaded guilty to possessing meth. The defendant argued that police officers searched his vehicle without consent. However, the government sufficiently showed in court that the car he was driving was stolen, and that the search was proper under the "automobile exception." Affirmed.v
Court: 8th Circuit, Judge: Grasz, Filed On: November 20, 2023, Case #: 22-2930, Categories: drug Offender, evidence, Theft
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: drug Offender, evidence, Probation
J. Delaney finds the trial court properly denied defendant's motion to suppress during his drug case. Testimony from several confidential informants and a 14-month ongoing investigation by police that included several controlled buys were sufficient to establish probable cause for a search warrant at defendant's residence. Furthermore, DNA evidence from various items at the home used to manufacture drugs and testimony from eyewitnesses who purchased drugs from defendant were sufficient to convict defendant of all the trafficking charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: November 17, 2023, Case #: 2023-Ohio-4160, Categories: drug Offender, evidence, Search
Per curiam, the appellate division finds that the trial court properly convicted defendant of manufacture of methamphetamine and attempted use of a child in a sexual performance because defendant resided at the house in which the crimes occurred, and an interview inculpated him in both offenses. Meanwhile, the court properly admitted evidence of defendant's online search history and text messages, and the record did not support ineffective assistance claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 20-01032, Categories: drug Offender, evidence, Ineffective Assistance
Per curiam, the circuit finds the trial court properly convicted defendant, the Director of Communications for the LA Angels baseball team, for distribution of oxycodone and fentanyl, resulting in death. Defendant was the sole provider of drugs to players. The prosecutor did not misstate evidence related to deleted text messages between the now-deceased pitcher and his friend, doctors’ testimonies regarding the but-for cause of death, or defendant's presence in the pitcher's room when he died. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 15, 2023, Case #: 22-11011, Categories: drug Offender, evidence, Criminal Negligence
J. Riedmann finds the trial court properly convicted defendant for two counts of possession of a controlled substance. Defendant does not claim or make a preliminary showing the investigator knowingly omitted information about photographs of stolen property shot by the informant, and the search warrant affidavit contained statements of sufficient probable cause and led to the discover of the drugs. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: November 14, 2023, Case #: A-23-082, Categories: drug Offender, evidence, Search
J. Moore finds the trial court properly convicted defendant for possession of fentanyl with intent to distribute. The arresting officer had probable cause to search the vehicle, and no coercive tactics were used for defendant's compliance. Dash cam footage shows defendant was nervous upon being stopped, and he revealed the contents of a suitcase in the vehicle without prompting and voluntarily admitted to marijuana possession. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 14, 2023, Case #: A-22-909, Categories: drug Offender, evidence, Search
J. McDonald finds the lower court properly convicted defendant for attempted murder, possession of cocaine and possession of methamphetamine. Defendant was sentenced to 30 years in the custody of the Mississippi Department of Corrections, with 20 years to serve and 10 years of supervised post-release probation, and three years to serve for each of the drug possession convictions with all to run consecutively. Defendant argues the lower court erroneously admitted evidence of prior bad acts and prejudiced the outcome of the trial, but no evidence of his prior bad acts was entered, only that he had been previously arrested. The instant court finds defendant did not show that he had been prejudiced by the information. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: November 14, 2023, Case #: 2022-KA-01042-COA, Categories: drug Offender, evidence, Murder
J. Gwin finds defendant's drug trafficking conviction was supported by sufficient evidence despite the lack of an overt act. More than 11 grams of methamphetamine was found in defendant's bedroom, while a scale and plastic baggies were also recovered, all of which was circumstantial evidence indicating defendant intended to distribute the drugs. Furthermore, the trial court properly denied defendant's motion to suppress because police had three active warrants against him and his grandmother let them into the house when they executed the warrants. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 14, 2023, Case #: 2023-Ohio-4099, Categories: drug Offender, evidence, Search