16 results for 'cat:"Evidence" AND cat:"Conspiracy"'.
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: Drug Offender, evidence, conspiracy
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: evidence, Sentencing, conspiracy
J. Scales finds the lower court properly convicted defendant of criminal conspiracy to tamper with evidence for attempting to arrange for the destruction of a cell phone that contained evidence pertaining to a first-degree murder charge for which he was jailed, and eventually acquitted. Evidence is sufficient to support his conviction for conspiracy to tamper with evidence and sentence of 300 days in the county jaile with four years of probation. Defendant’s arguments for acquittal are without merit and he is not entitled to relief. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: April 17, 2024, Case #: 2022-0134, Categories: evidence, conspiracy
J. Kamins finds the trial court properly declined to declare a mistrial for the prosecutor’s statements against defendant’s and her boyfriend’s credibility in a trial convicting defendant of conspiracy to commit second-degree murder. “It is proper—indeed, required—for an attorney to be able to comment on the evidence presented.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178236, Categories: evidence, conspiracy
J. Sanchez finds that the district court properly entered a conviction against an individual on one count of conspiracy to aid and abet his brother to Mexico to avoid prosecution for the murder of a police officer. The evidence was sufficient to show that the individual knew about and specifically intended to help his brother cross the border to Mexico to avoid prosecution. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 26, 2024, Case #: 21-10109, Categories: evidence, Murder, conspiracy
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[Consolidated.] J. Egan finds that the lower court properly convicted defendant of tampering with evidence, conspiracy, and attempted drug and weapon possession because telephone records and video footage captured defendants trying to remove guns and cocaine from the trunk of a car that police had secured in a hospital parking lot while sorting out its use in transporting a gunshot victim for emergency care. Meanwhile, defendant's request to vacate the conviction for actual innocence, since defendant had been in the wrong place at the wrong time, was "simply unbelievable" in light of the evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 25, 2024, Case #: 112519, Categories: evidence, Weapons, conspiracy
J. Willett finds the district court improperly denied one defendant's motion for a new trial on robbery and conspiracy charges related to the deadly robbery of a Loomis truck. New evidence emerged regarding the credibility of government witnesses, which is material as applied to one defendant; therefore, the prosecutor's disclosure of it must be reviewed. The armored truck company does not tally money by serial number, and money found in this defendant’s house would have to have been connected to the robbery by denomination. Evidence suggests the money may have been from defendant's employer, who paid him in cash. Reversed in part.
Court: 5th Circuit, Judge: Willett , Filed On: December 22, 2023, Case #: 22-30238, Categories: evidence, Robbery, conspiracy
J. McCaffery finds that the lower court properly denied Pennsylvania permission to refile criminal charges against an inspector in the Philadelphia Police Department for his participation in an alleged reckless assault of another man that occurred while he was off duty. Pennsylvania failed to present sufficient evidence to support a prima facie case of simple assault, conspiracy or reckless endangerment of another person against defendant. Affirmed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: October 11, 2023, Case #: J-S16036-23, Categories: evidence, Assault, conspiracy
[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. Golemon finds that the trial court properly convicted defendant for second-degree felony possession of cocaine in an amount greater than four grams but less than 200 grams. Defendant was caught in the act of attempting to break into an officer's truck in order to steal decoy money gotten from a bank that defendant had been surveilling. The drugs were later found in his vehicle. All motions regarding evidence and testimony were properly overruled or dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 13, 2023, Case #: 09-21-00154-CR, Categories: Drug Offender, evidence, conspiracy
J. Kelly finds a lower court properly convicted a defendant for conspiracy to distribute and possession with intent to distribute meth. The defendant argued that the lower court erred in denying his motion to suppress evidence concerning his participation in suspicious mail transactions based on a warrant that lacked relevant information. However, the although the warrant lacked certain information for probable cause, the government provided sufficient evidence in court that authorities located 31 grams of meth and cash in his residence, which was sufficient to show his intent to sell drugs. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 27, 2023, Case #: 22-1332, Categories: Drug Offender, evidence, conspiracy
J. Higginbotham finds that the trial court properly convicted defendants -- a medical doctor and two pharmacists -- of drug-related crimes under the Controlled Substances Act for their roles in a pill-mill drug trafficking operation. All evidence supports the convictions, and the prosecution's arguments are all consistent with the evidence. Defendants fail to make showings necessary to warrant plain error reversal. The pharmacist's refusal to be represented by her retained attorney amounted to a voluntarily waiver of counsel, and she fails to show the necessary prejudice for her challenges to the denial for a continuance. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: July 25, 2023, Case #: 21-10620, Categories: Drug Offender, evidence, conspiracy
J. Clark finds that the lower court improperly convicted defendant of conspiring to facilitate a cocaine-trafficking ring because evidence established only that defendant made dealer-quantity purchases of cocaine and occasionally cooked crack cocaine for the ring's principal without connecting him to the wider ring, stash houses, or other participants. Reversed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 6, 2023, Case #: 112239, Categories: Drug Offender, evidence, conspiracy
Per curiam, the circuit finds that the district court properly convicted defendant, the local president of the carpenters union, of conspiring with another union chief to take bribes from unqualified workers to pad his membership roll. Sufficient evidence of conversion existed since the membership cards were put to use for the benefit of the president over the union, and the trial was properly postponed a second time to allow prime counsel to recover from a home accident, since second counsel had been put on notice to prepare for trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 21-2223, Categories: Criminal Procedure, evidence, conspiracy
J. Wynn finds the lower court properly decided to conduct a new trial in this case regarding an American businessman who worked with Turkish officials to allegedly defame a wanted Turkish political activist living in the U.S. following a failed coup attempt. The court did not abuse its discretion in determining that the evidence weighed heavily against the verdict such that a new trial was warranted. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: May 18, 2023, Case #: 22-4252, Categories: evidence, Fair Trial, conspiracy