8 results for 'cat:"Drug Offender" AND cat:"Evidence" AND cat:"Ineffective Assistance"'.
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. 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
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
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
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
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J. Watkins finds the trial court properly denied defendant's motion for a new trial after a jury convicted him of methamphetamine trafficking, charges he faced after law enforcement pulled over a car in which he was a passenger and more than 100 grams of methamphetamine were found under his feet, along with plastic baggies and a digital scale. Defendant's challenge to the sufficiency of the evidence fails, and there is no error in the jury's verdict against him. Defendant's 12 ineffective assistance claims all fail, in part because some claims lack any specific supporting arguments and because others, including two claims stating defendant was prejudiced by his lawyer's blindness, are baseless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 3, 2023, Case #: A23A1156, Categories: drug Offender, evidence, ineffective Assistance
J. Booth agrees with the lower court that the counsel provided a man convicted of distribution of heroin was sufficient. The man, arrested by one officer after a strip search revealed he was carrying heroin in his underwear, protests the counsel who represented him because the attorney failed to move to compel production of the arresting officer’s internal affairs division files. However, the attorney’s failure to do so does not demonstrate a deficiency in his representation, and the man has not shown any evidence that his conviction would’ve been different had the officer’s file been produced. Affirmed.
Court: Supreme Court of Maryland, Judge: Booth, Filed On: August 29, 2023, Case #: 112222006, Categories: drug Offender, evidence, ineffective Assistance
J. Moore finds the trial court properly convicted defendant for meth possession. Officers made contact at defendant’s apartment building upon response to an unrelated welfare check call. It was found that defendant had an active warrant, and by her permission officers searched her belongings and found a scale with meth residue. The scale was properly entered as relevant to determine whether defendant intentionally possessed meth. It was for the jury to determine the evidence’s weight. Her counsel did suggest the possibility of a pipe having been planted even if he didn’t explicitly argue the point. His performance cannot be said to have been deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 22, 2023, Case #: A-22-785, Categories: drug Offender, evidence, ineffective Assistance