236 results for 'cat:"Drug Offender" AND cat:"Evidence"'.
J. Murphy finds there was sufficient evidence to prove the drugs sold by defendant to the two overdose victims caused their deaths, including toxicology reports and cell phone evidence that placed all three in the same area at the time the drugs were sold, as well as testimony the victims ingested no other drugs between the time of the sales and their times of death. Meanwhile, the "TraX" data admitted during trial as part of the government's expert witness testimony should not have been excluded for lack of reliability. Although that specific cell phone tracking software has not been peer-reviewed, the expert witness established a proper foundation and similar software is generally accepted in location tracking applications. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 9, 2023, Case #: 22-1431, Categories: drug Offender, evidence, Experts
J. Griffis finds the lower court improperly affirmed the trial court judgment in this matter of alleged drug possession. A jury found defendant guilty of possession of a controlled substance after a grand jury indicted him for knowingly, willfully, unlawfully and feloniously possessing 30 grams or more of ethylone, a Schedule I controlled substance, discovered during the course of a traffic stop. Defendant was sentenced to 30 years imprisonment with 10 years suspended and 20 to serve. But the instant court finds that ethylone is not a Schedule I controlled substance, and as such the indictment does not charge a crime, and defendant's motion for post-conviction relief was timely filed. Defendant’s conviction and sentence are reversed, and the judgment dismissed. Reversed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: November 9, 2023, Case #: 2021-CT-00306-SCT, Categories: drug Offender, evidence, Sentencing
J. Badding finds that defendant was properly convicted of child endangerment and drug offenses. Defendant contends she was not aware of the presence of drug paraphernalia in the hotel room in which she and her children resided, but such had been in plain and open view when police arrived at the scene. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 8, 2023, Case #: 22-0948, Categories: drug Offender, evidence
J. Colins finds that the lower court properly sentenced defendant for possessing crack cocaine with intent to deliver and related charges. Defendant failed to contest that the police officer who pulled defendant over for a traffic stop had reasonable suspicion to search the vehicle after the initial confrontation. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 7, 2023, Case #: J-S29040-23, Categories: drug Offender, evidence, Search
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J. Williamowski finds the markings and coloring of pills found in defendant's hotel room, when coupled with expert testimony from law enforcement, was sufficient to prove they were controlled substances and subsequently convict defendant on drug possession charges. Meanwhile, testimony from the victim about her activities with defendant did not constitute impermissible other acts evidence. Although she spoke about her escape from his hotel room, all of her testimony focused on drug trafficking and did not stray into criminal activity not included in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: November 6, 2023, Case #: 2023-Ohio-4021, Categories: drug Offender, evidence
J. Thyer finds the trial court properly convicted defendant for four counts of failure to appear on drug possession charges. The county clerk testified without objection that defendant had signed each pretrial release order and failed to provide a valid excuse for his failure to appear. Defendant testified that he failed to appear due to having been robbed, hit over the head and concussed, and also due his attendance of his father’s funeral without knowledge of further court proceedings, being under the impression that a plea deal had been negotiated. The jury did not find the testimony credible or the excuses reasonable. The appeals court will not reweigh evidence or credibility. The sentencing order contains clerical errors which must be corrected. Affirmed. Remanded to correct sentencing order.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: November 1, 2023, Case #: CR-22-707, Categories: drug Offender, evidence
J. Pirtle finds the trial court properly convicted defendant for possession of meth with intent to distribute and carrying a concealed weapon. After defendant was stopped for a faulty headlight, he provided the officer with a Mexican ID card, a vehicle registration without his name and proof of insurance with his name. Defendant did not speak English and communication was facilitated using Google Translate. Defendant responded “sí” when the officer asked to search the vehicle. The search yielded over a pound of meth, baggies and a handgun. Defendant’s motion to suppress was properly denied because “the evidence is clear that [defendant] knew what was being asked.” Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 31, 2023, Case #: A-23-045, Categories: drug Offender, evidence, Search
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for drug possession charges. The revocation was based on her pleading true to charges of possession, resisting arrest and tampering with evidence. Testimony by her supervision officer and a police officer support the convictions, and defendant's counsel has filed a brief stating that there are no arguable issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00101-CR, Categories: drug Offender, evidence, Probation
J. MacIver finds the trial court properly denied defendant's motion to suppress evidence in a case resulting in his conviction of one count of possession of drug paraphernalia after he pleaded no contest. Defendant's arguments under the Fourth Amendment against officers stopping him while he was parked in the parking lot of a closed CVS, detaining him and searching his car to find a duffel bag containing marijuana and paraphernalia fail, in part because the record shows officers had probable cause to detain defendant and search his car. Affirmed.
Court: Florida Courts Of Appeal, Judge: MacIver, Filed On: October 27, 2023, Case #: 23-0118, Categories: drug Offender, evidence, Search
J. Wise finds the trial court properly denied defendant's motion to admit evidence from a 20-year-old criminal case against him. Although the current case also dealt with drug trafficking, there were no other similarities that would have rendered the evidence relevant to his defense. Meanwhile, the amount of drugs found in defendant's home, as well as packaging materials and cash, were sufficient to convict him of both possession and intent to traffic. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 26, 2023, Case #: 2023-Ohio-3906, Categories: drug Offender, evidence
J. Virden finds the trial court properly convicted defendant for possession of meth and drug paraphernalia. Defendant was stopped while driving due to the arresting officer’s previous knowledge of his license suspension. The officer observed a glass pipe with a crystalline substance in the vehicle. Upon a search, he found digital scales and a baggie of 6.8 grams of meth. Defendant says that the officer’s testimony regarding defendant’s surprised reaction to the officer's seeing the pipe was speculative and misleading because it implied defendant knew of the pipe despite the lack of any evidence. The argument is not preserved for review. All evidence supports conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CR-23-141, Categories: drug Offender, evidence, Search
J. Gruber finds the circuit court properly revoked defendant’s suspended imposition of sentence, sentencing him to 54 months in prison on his guilty-plea convictions for meth possession and battery. An officer who participated in the search of a hotel room that defendant was seen directly outside of testified that defendant admitted that drugs that were found were his. This testimony was sufficient to establish that defendant had violated the terms and conditions of his suspended sentence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 25, 2023, Case #: CR-23-204, Categories: drug Offender, evidence, Search
J. Pagan finds the trial court erred by failing to suppress evidence obtained during a traffic stop. “Defendant was stopped when [the officer] hailed defendant from the street, inquired about her drug use, and asked if she had ‘anything on her.’” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 25, 2023, Case #: A176083, Categories: drug Offender, evidence
J. McCullough finds the lower court improperly determined it was precluded from reconsidering a case after another court granted the defendant's motion to strike. The defendant, accused of drug distribution, argued against a sentence enhancement because he claimed he was not the person with prior convictions in another state that shared his name. The lower court granted his motion to dismiss the evidence regarding the other convictions despite the defendant providing no proof that the other person wasn't him. While Virginia law directs a lower court to enter a judgment of acquittal upon striking the evidence, the initial decision to strike was interlocutory, and the court had the authority to reconsider it. Reversed.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: October 19, 2023, Case #: 220715, Categories: drug Offender, evidence, Sentencing
J. Neeley finds the trial court properly convicted defendant for possession with intent to deliver meth, sentencing him to 65 years in prison. Defendant did not file a pretrial motion to suppress challenged evidence, and did not object when a shotgun, a jar containing 8-balls of meth, and a rifle, magazine, and ammunition were offered into evidence. His challenge to suppress the evidence obtained through warrant is not preserved for review. All evidence is sufficient to support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 18, 2023, Case #: 12-22-00283-CR, Categories: drug Offender, evidence, Search
J. Brennan finds that the lower court properly convicted defendant of conspiracy with intent to distribute meth. Defendant claims that screenshots of a text message conversation between him and another person should not have been admitted because the conversation was hearsay. However, there was considerable other evidence against him, so any error in admitting the texts was harmless. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: October 16, 2023, Case #: 22-3219, Categories: drug Offender, evidence, Technology
J. McShan finds that the lower court properly declined to vacate defendant's conviction for attempted drug sale based on ineffective assistance claims. Defendant contends counsel claimed to have seen laboratory test results about drugs involved in two separate controlled buys even though such a report did not exist, but the self-serving contention was belied by the record. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: October 12, 2023, Case #: 111827, Categories: drug Offender, evidence, Ineffective Assistance
J. Vaidik finds that defendant was improperly convicted of intent to sell methamphetamine based on his nervous responses to questions about residue observed on a scale and the discovery of meth inside a backpack that also contained his wallet because evidence did not indicate he intended to sell the minuscule amount of meth found on the scale. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: October 11, 2023, Case #: 22A-CR-2999, Categories: drug Offender, evidence
Per curiam, the appeals court finds the trial court properly convicted defendant for possession of a controlled substance. Body camera footage shows the arresting officer approach defendant’s vehicle after observing suspicious behavior, and defendant was found to be hiding under the steering wheel. A parking violation, as well as defendant’s suspicious behavior, gave the officer probable cause to search the vehicle, where a glass pipe containing cocaine was found. All evidence supports the conviction, and the court of appeals grants counsel’s motion to withdraw. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 11, 2023, Case #: 12-22-00324-CR, Categories: drug Offender, evidence, Vehicle
J. Lawrence finds the lower court properly convicted defendant of possession of methamphetamine with the intent to distribute, but improperly convicted him for conspiracy to sell methamphetamine, as evidence was insufficient to support the conviction. Defendant’s 60-year sentence as a habitual offender for the possession conviction remains intact, but his concurrent 20-year sentence for the conspiracy conviction is reversed. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: October 10, 2023, Case #: 2022-KA-00179-COA, Categories: drug Offender, evidence, Sentencing
J. Vaughan finds that the lower court properly convicted defendant on drug charges after denying his motion to suppress statements made during his police interview. Defendant's statement that "I'm not saying nothing right now though" did not clearly invoke his right to remain silent. In context of the whole conversation with police, it expressed his desire to speak off of the record as a condition of his cooperation. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: October 10, 2023, Case #: 180537, Categories: drug Offender, evidence, Self Incrimination
Per curiam, the evenly divided supreme court finds, without discussion, that the court of appeals' decision must be upheld. Affirmed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: October 10, 2023, Case #: 2021AP000311-CR, Categories: Constitution, drug Offender, evidence
[Consolidated]. J. Wollman finds a lower court properly convicted two defendants for conspiracy to distribute 400 grams of drug mixtures including fentanyl. The first defendant argued that the lower court abused discretion when it forced him to appear handcuffed and shackled in court. Defendant number two argued that his conviction was based on lack of evidence to support his drug offense. However, the government presented sufficient evidence in court that the first defendant was restrained for threatening prosecutors and staff during trial, and that the second defendant possessed a firearm and drugs, which was backed up by overwhelming evidence. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: October 6, 2023, Case #: 22-2869, Categories: drug Offender, evidence, Conspiracy
J. Garrett finds the Appeals Court properly determined that possession plus an intent to deliver, without more, is insufficient to show an “attempted transfer” for purposes of the completed crime of delivery of controlled substances. “The trial court made all the requisite findings for defendant’s conviction for inchoate attempt and that is the conviction that the trial court would have entered but for Boyd, which allowed the conviction to be entered for the completed crime instead.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 5, 2023, Case #: S069092, Categories: drug Offender, evidence
J. Hixson finds the trial court properly convicted defendant for possession of drug paraphernalia, felon in possession of a firearm and criminal use of a prohibited weapon, sentencing him to consecutive prison terms of six, six, and three years. Defendant tested positive for meth six days before a police search and his wife testified that he is a recreational user. This established that defendant had access to meth. During the search of defendant’s bedroom, the police found used syringes with residue as well as unused syringes in proximity to baggies containing meth. All evidence supports the convictions. The case is remanded to correct clerical errors on the sentencing order. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CR-23-128, Categories: drug Offender, evidence, Firearms
J. Klappenbach finds the trial court properly convicted defendant for possession of meth and drug paraphernalia within 1,000 feet of a church. The arresting officer testified that a controlled buy of meth at defendant’s residence, where a confidential informant was fitted with a video-recording device, yielded $100 worth of meth. Ample evidence presented supports the convictions. Defendant’s acquittal on the drug possession with the purpose to deliver charge did not foreclose convictions for possession of paraphernalia. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CR-22-667, Categories: drug Offender, evidence, Due Process