7 results for 'cat:"Drug Offender" AND cat:"Evidence" AND cat:"Jury"'.
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
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. Jackson-Akiwumi finds that the lower court properly convicted defendant of possession with the intent to distribute controlled substances. The state presented sufficient evidence to prove that defendant knew the bus contained controlled substances. Further, there is no clear evidence that the jury engaged in premature deliberations, so it is presumed the jury abided by the court's instruction not to talk about the case with anyone until deliberations began. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 24, 2023, Case #: 21-2434, Categories: drug Offender, evidence, jury
J. Gilman finds the trial court improperly failed to include a jury instruction on the lesser-offense of simple possession during defendant's trial for possession with intent to distribute. Evidence defendant was a drug user himself, was known to purchase a large quantity at a time for personal use, and did not have an overwhelming amount of drugs on him when he was arrested indicates he may have had no intent to sell the drugs. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: August 14, 2023, Case #: 22-3552, Categories: drug Offender, evidence, jury Instructions
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Wise finds that while only a small sample of the pills discovered on defendant were tested for illegal drugs, the random testing procedure allows for an inference that all of the contraband contained fentanyl; therefore, the testing results and the large quantity of pills in defendant's possession supported his convictions for possession and trafficking. Meanwhile, the trial court was not required to give a jury instruction for a lesser-included offense because the quantity of the drugs found on defendant required a special finding by the jury to determine the class of felony for his trafficking conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: July 10, 2023, Case #: 2023-Ohio-2346, Categories: drug Offender, evidence, jury Instructions
[Consolidated.] J. Lucci upholds defendant's drug trafficking conviction. Although police did not witness him attempting to sell the cocaine found on him, he had four separately packed baggies of cocaine, along with another 7 grams in a pill bottle, which is significantly more than what is typically taken by a user. Meanwhile, the trial court properly included a consciousness of guilt instruction to the jury regarding defendant's decision to leave the courthouse to avoid the original start date of his trial, as it informed jurors that evidence alone could not be used to determine his guilt regarding the drug charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lucci, Filed On: June 12, 2023, Case #: 2023-Ohio-1949, Categories: drug Offender, evidence, jury Instructions