This is a joint appeal case by two defendants for their respective adjudications and sentences that were imposed when a jury found them guilty of unlawful possession of marijuana. The defendants concede that the evidence shows that they attempted possession, but they argue on appeal that they never had actual…
Articles Posted in Marijuana
Technically, Defendant was Arrested Before Illegal Sale of Marijuana
This is a direct criminal appeal from the defendant who is seeking a review of his convictions for purchase of marijuana or possession of marijuana with the intent to purchase it and for attempted possession of more than 20 grams of marijuana. There are four issues in the case being…
Court Rules Closed Containers Cannot Be Searched Without a Warrant
This case involves an appeal from convictions of possession of marijuana. The defendant challenges that the trial court’s failure to suppress the marijuana. The other defendant challenges the sufficiency of evidence in the case. Case Background A New York Criminal Lawyer said the local police officer was monitoring a parking…
Defendants Marijuana Charges Reversed
The defendant in the case is appealing a judgment and sentenced that found him guilty by jury verdict of a violation of the narcotics law. Case Background The information provided in the case charged the appellant along with five other defendants of possession of marijuana. The testimony provided during the…
Defendants Contend Search of their Vehicle was Unlawful
The appellants in this case were convicted in a nonjury trial for possession of 230 pounds of marijuana with intent to distribute. The marijuana was found in a locked trunk of a car that had been rented and driven by one of the defendants (marijuana possession). Another defendant was a…
Court Decides Constructive Possession Issue
The appellant in this case was charged by information with possession of over five grams of marijuana (marijuana possession). He filed a sworn motion to have the reciting dismissed. The motion in part stated that he lived in the home with his wife and children and that while the search…
Defendant Appealing Order that Revoked his Probation
The appellant is appealing an order that revoked his probation after a trial court determined that he had violated the terms of his probation by being in possession of marijuana and cocaine. Case Background The appellant was placed on probation. It was not long afterwards that the appellant was arrested…
Defendant Claims Search Warrant Lacked Probable Cause
The defendants are appealing a conviction that stems from a multi-count indictment. The first defendant appeals his conviction and sentence to life in prison for conspiracy to distribute and possession with intent to distribute 100 kg or less of marijuana (marijuana possession), and between 500 grams and 5 kilograms of…
Court Discusses Single Transaction Rule in Marijuana Possession Case
The appellant in this case was charged with selling a controlled substance, cannabis and for having more than five grams of cannabis. A New York Criminal Lawyer said the appellant was convicted on both charges and was sentenced separately for each of the crimes. The appellant argues that the trial…
Defendant Contends Government Relying on Hearsay Evidence
The appellant in this case was convicted for possession and use of a gun. This conviction was based on a statement from a witness that the defendant possessed an identical gun that he typically kept in his home in another state. Case Background The defendant was arrested in March of…