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Articles Posted in Criminal Procedure

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Defendant to Multiple Criminal Charges was a Police Officer

The defendant was charged with several crimes and was found guilty for the commission of said crimes that included grand larceny, bribery receiving, official misconduct, and sale of illegal drug, criminal possession of stolen property and unlawfully disposing of a weapon. The accused who was a police officer, being accompanied…

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Court Discusses Constructive Possession in Drug Case

The defendant in this case is appealing an order that revoked his community control and resulted in a five year prison sentence. The defendant argues that the state did not establish that he had constructive possession of marijuana that was found in a car that he was a passenger in.…

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Court Discusses Medical Marijuana Laws

This is a case being heard in the Supreme Court of the United States. A New York Criminal Lawyer said the main question that is presented in this particular case is whether the Congress has the power under article 1 section 8 of the constitution to regulate commerce with several…

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Defendant Says Insufficient Evidence for Marijuana Possession Charge

The defendant in this case is appealing his conviction for multiple drug charges. Case Background A New York Criminal Lawyer said the charges that were made against the defendant come from a drug purchase made by an undercover police officer. The purchase took place inside of a house. The defendant…

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Drug Crime Defendant Moves for Acquittal for Failure to Prove Possession

The appellant in this case was charged on several drug related charges including possession of cocaine and heroin, possession of cocaine, marijuana, and heroin possession, with the intent to sell, two counts of attempted first degree murder, and displaying a firearm during the commission of a felony. A New York…

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Defendant Contends Insufficient Evidence to Uphold Marjuana Conviction

The defendant is appealing a jury conviction that charged him with the crime of carrying a firearm during and in relation to a drug trafficking crime and for possession of a firearm and ammunition by a convicted felon. Case Background In July, law officers executed a search warrant on the…

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Defendant Contends Court Has Insufficient Evidence to Sustain a Drug Conviction

The appellant in this case is seeking to have his conviction reversed. He was convicted of possession of marijuana. A New York Criminal Lawyer said the question before the court is whether or not the evidence in the case is enough to sustain the conviction. Case Background At the time…

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Drug Crime Defendants Claim There is Insufficient Evidence Against Them

The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was…

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Court Weighs Plaintiffs Injuries Against Applicable Insurance Law

A motion by the accused woman for an order awarding her summary judgment dismissing the claims of the complainant that she did not sustain a serious injury within the meaning of Insurance Law is granted. A cross-motion by the complainant husband for an order awarding him summary judgment dismissing the…

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Court Weights Constitutionality of Sentencing for a Felony in the Third Degree

The Florida state filed an appeal placing in issue the constitutionality of the provisions of law pertaining to the inclusion of prior convictions in the charging information. This was due to the ruling of the circuit court, wherein the appellees who were charged and found guilty of petit larceny and…

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