43 results for 'cat:"Criminal Procedure" AND cat:"Drug Offender"'.
J. McCarty finds that while there was no evidence of judicial bias, the trial court was barred from presiding over defendant's postrelease control revocation hearing because he had prosecuted the underlying criminal case prior to being elected. The judge's impartiality is not at question; however, his involvement in a previous portion of the case disqualified him from further participation and, therefore, the case must be remanded for a new hearing in front of a different judge. Reversed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 14, 2024, Case #: 2023-CP-200, Categories: criminal Procedure, drug Offender, Judiciary
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1849, Categories: criminal Procedure, drug Offender, Discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1848, Categories: criminal Procedure, drug Offender, Discovery
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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. Ditkoff affirms the defendant’s conviction of possession of fentanyl. Search warrants authorizing searches of any person present include people who remain in the vicinity of the property the search warrant is authorized for, even if they have left the property itself, as long as they were on the property during the execution of the warrant. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: March 11, 2024, Case #: 23-P-250, Categories: criminal Procedure, drug Offender, Search
J. Panella finds that the lower court properly sentenced defendant for driving under the influence of a controlled substance after being pulled over for a traffic stop and admitting to taking medical marijuana that day. There is no legal support for defendant’s argument that medical marijuana is not a Schedule I controlled substance. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: February 9, 2024, Case #: J-S41008-23, Categories: criminal Procedure, drug Offender, Dui
J. Greer finds that the lower court properly denied defendant's third application for relief from his 2005 conviction for possession of a controlled substance with intent to deliver, second offense, because defendant failed to provide new facts overcoming the statute of limitations. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 23-0028, Categories: criminal Procedure, drug Offender
J. Thapar finds defendant cannot challenge a sentencing enhancement included by the trial court for his control of another individual in the drug trafficking operation. He and his attorney agreed to allow the enhancement, which effectively withdrew his objection and bars his challenge under the invited error doctrine. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: February 2, 2024, Case #: 22-3889, Categories: criminal Procedure, drug Offender, Sentencing
J. Aarons finds that the lower court properly revoked defendant's probation and resentenced him to prison based on his guilty plea to selling drugs. Defendant failed to preserve his contention that he did not voluntarily admit to violating probation, and he made no statements triggering the narrow exception to the preservation requirement. Affirmed.c
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 1, 2024, Case #: 110739, Categories: criminal Procedure, drug Offender, Probation
J. Lee finds that a decision on motions pending in defendant's appeal from his guilty plea to conspiring to distribute cocaine internationally must be deferred because counsel sought to be relieved from the case and the prosecution requested dismissal based on a negotiated appeal waiver. Counsel failed to address whether forfeiture, special assessments, and supervised release components of defendant's sentence were included in the waiver.
Court: 2nd Circuit, Judge: Lee, Filed On: January 30, 2024, Case #: 22-320-cr, Categories: criminal Procedure, drug Offender, Plea
[Consolidated.] J. Trapp the trial court properly denied defendant's motion to suppress during his drug case. Eyewitness testimony from a detective who saw a hand-to-hand drug deal by defendant immediately before he left the parking of a hotel and several traffic infractions gave police probable cause to initiate a traffic stop and detain defendant until a K-9 search of his vehicle could be completed. Meanwhile, because each of defendant's drug indictments involved actions taken on different days in separate locations, the trial court properly joined them for a single trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: November 13, 2023, Case #: 2023-Ohio-4098, Categories: criminal Procedure, drug Offender, Search
J. Raider finds that defendant was improperly sentenced to imprisonment following revocation of pre-trial diversion based on his guilty plea to trafficking in a controlled substance. Although he was terminated from a drug court program in 2018 for absconding, the commonwealth did not move to revoke diversion at that time, and the diversionary period has since expired. Reversed.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 2022-CA-1070-MR, Categories: criminal Procedure, drug Offender, Sentencing