This case is an appeal from a final administrative order that was made by a school board. The order expelled the appellant from school for possession of marijuana. Case Background The principal of the school was notified by a teacher that a student had told her that the appellant, who…
Articles Posted in Marijuana
Appellants Convicted Under Comprehensive Drug Abuse and Prevention Act
The appellants in this case were indicted for a number of violations of the Comprehensive Drug Abuse Prevention and Control Act. A jury trial was held in the matter and the defendatns were all convicted of possession of marijuana with the intent to distribute. The defendants raise several issues on…
Defendant Charged with Intent to Distribute 100 Kilograms of Marijuana
The defendant is appealing his conviction of possession with the intent to distribute over 100 kilograms of marijuana. Border Patrol agents found the marijuana in his tractor trailer while at a border checkpoint. The defendant argues on appeal that his counsel was ineffective as they failed to request a Pennington…
Court Discusses Different Types of Possession in Drug Case
The issue before the court involves the petition for writ of certiorari to review the decision that the District Court of Appeal reported. Case Background The defendant was charged with unlawful possession of marijuana. He was tried by a jury and found to be guilty of this crime. The defendant…
Court Decides Constructive Possession in Marijuana Case
The appellant in this case was a passenger in a car where marijuana was found. He is appealing his juvenile adjudication on the two counts of possession of contraband on the ground that the evidence did not support a finding of constructive possession. Case Background The majority of the case…
Court Decides Double Jeopardy Issue in Drug Case
This is a direct criminal appeal from the defendant who has been convicted and sentenced for possession of marijuana with the intent to sell, tampering with physical evidence, possession of less than 20 grams of marijuana, and possession of drug paraphernalia. The two issues of the case are whether the…
Court Discusses Constructive Possession in Drug Case
The defendant in this case was found guilty of possession of more than 20 grams of marijuana and possession of drug paraphernalia. A New York Criminal Lawyer said that on appeal, the defendant contends that the trial court erred in denying her motion for dismissal for the paraphernalia offense and…
Defendants Contend Possession of Firearms Charge
Case Contentions A New York Criminal Lawyer said two of the defendants in this case were convicted for conspiracy and attempt to possess with the intent to distribute marijuana and cocaine and knowing possession of several fire arms in conjunction with drug trafficking offenses. One of the defendants was sentenced…
Defendant Charged with Drug Possession in Reverse Sting Operation
Case Contentions Two of the defendants in this case were convicted for conspiracy and attempt to possess with the intent to distribute marijuana and cocaine and knowing possession of several fire arms in conjunction with drug trafficking offenses. A New York Criminal Lawyer said one of the defendants was sentenced…
Defendant Argues Constructive Possession Charge
The defendant is appealing a verdict of guilty to possession of cocaine and possession of marijuana in the amount of less than 20 grams. The defendant was sentenced to 22 months in prison on the cocaine charge and for a year in the county jail on the marijuana charge. She…