The question before the court in this case is whether imposing a tax on the possession of illegal drugs after the state has imposed a criminal penalty for the same conduct is in violation of the constitutional prohibition of successive punishments for the same crime. Law Review Montana’s Dangerous Drug…
Articles Posted in Queens
Plaintiff Contends Gross Negligence by Newspaper Reporter
The case is about a libel suit filed by the Turkish national against the publisher, together with its managing director and other investigative reporters, for the republication into a book pertaining to several newspaper articles regarding worldwide narcotic trade covering several continents. A New York Drug Crime Lawyer said the…
Defendant Claims Insufficiency of Evidence in Heroin Possession Case
Defendant was charged with a drug crime, particularly, for possession of heroin and filed an appeal before the court for his conviction. Appellant averred that there was insufficiency of evidence, admissibility of the testimony pertaining to other drugs than those of which he was indicted and trial judge’s charge to…
Court Discusses Penal Law 70.08 Regarding Violent Felonies
In this case, the Nassau Criminal Lawyer said that, defendant was convicted of robbery in the first degree, a class B violent felony under Penal Law § 70.02 (1) (a). At his sentence, the People filed information alleging that defendant was a persistent VFO having been convicted of two previous…
Court Discusses Blockburger Test
In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Court Determines an Error in Sentencing
In this case, the appellant was tried before the court without a jury and found guilty of the crime of breaking and entering a dwelling with intent to commit a felony, to-wit, grand larceny, and of the crime of grand larceny. Separate sentences were imposed thereon for imprisonment for a…
Court Discusses Jury’s Pardon Power
Respondent was charged with and convicted of robbery of property having a value of less than $100. At trial, he requested a jury instruction on petit larceny. The court refused the request, instead instructing the jury on attempted robbery. A New York Drug Crime Lawyer said that on appeal, the…
Court Determines Defendant is Entitled to Habeaus Corpus Relief
The petitioner was a Florida prisoner on death row, having been convicted of first degree murder. The district court granted a writ of habeas corpus setting aside his conviction and sentence. The United States Court of Appeals reversed the decision of district court. A New York Criminal Lawyer said the…
Plaintiffs Bring Suit for Harrassment and Blackmail
In this case, Plaintiffs brought suit against the Defendants for: harassment, blackmailing and conspiring to boycott their classes and attempting to have them terminated from East Texas Police Academy (“ETPA”) in retaliation for their testimony in a case against another police officer involved in a shooting incident. A New York…
drugs
A woman was convicted after a jury trial of murder. Upon the conviction, a New York Drug Crime Lawyer said the woman was sentenced to a term of life imprisonment with a mandatory minimum period of seventeen years. She was also convicted of attempted robbery and sentenced to an indeterminate…