A police officer was on patrol in her cruiser. She noticed a pick-up truck which was swerving and crossing over the solid yellow line dividing the two lanes onto the opposite lane. Then the pick-up truck swerved sharply back to its lane. The police officer then put on her siren…
The April 25, 1975 affidavit of the State Police Investigator in support of the application for the warrant to search the house and automobile of the defendants contains five distinct elements which in some way indicate that defendants were keeping illicit drugs in or about their house. These elements are…
The Facts of the Case: On 11 October 1988, the petitioner was charged in the circuit court with three traffic-related offenses. One of the charges was for DUI in violation of the Florida Statutes, to wit: that any person who is convicted of a fourth or subsequent DUI violation is…
The defendant’s convictions arose from a series of drug transactions which began when a certain person contacted another person and informed the latter that he had heroin for sale. The former was unaware that the latter was a confidential informant for the Drug Enforcement Administration (DEA). The parties and co-defendant…
An accused man was questioned at length by his attorney to establish that he no longer used heroin and was involved in a methadone program. His direct testimony was interlaced with differing references to his having been off heroin for at least one month, 6 weeks and two months, the…
This action concerns a young woman who at an early age became addicted to drugs. In 2005 when she was 18, she became a patient of the accused orthopedist and employee of orthopedic rehabilitation center for treatment of lower back pain and, a month later, for left ankle pain. From…
A Georgia Intent to Distribute Lawyer said that, the defendant appeals his conviction after trial to a jury for conspiring to possess cocaine with intent to distribute it, in violation of 21 U.S.C.A. § 846, and to distribute it, in violation of 21 U.S.C.A. § 841(a)(1). This court recently affirmed…
The Facts of the Case: On 11 October 1988, the petitioner was charged in the circuit court with three traffic-related offenses. One of the charges was for DUI in violation of the Florida Statutes, to wit: that any person who is convicted of a fourth or subsequent DUI violation is…
This matter comes on by appeal of defendant-appellant from a jury verdict in the Town of Bethel Justice Court finding him guilty of driving while intoxicated (DWI) and unsafe lane change. Defendant argues that his retained counsel was ineffective in representing him from the outset of the case, through discovery…
The defendant has been convicted of criminal sale of a controlled substance in the first degree (Penal Law, § 220.43) for allegedly selling a pound and a half of heroin to two undercover police officers in Manhattan. At the trial the defendant denied selling the drugs and testified instead that…