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 was a ninth grader, had a marijuana cigarette in the bathroom. The reporting student said that the marijuana cigarette would be with one of three students.
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 appeal.
Case Facts
A New York Criminal Lawyer said the appellants for a time frame of almost a year smuggled marijuana into the United States. The smuggling would typically include using shrimp boats to go into Columbia and return with multi-ton cargos 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 jury instruction. A New York Criminal Lawyer said he also argues that the district court made an error by failing to provide a Pennington jury, by allowing the government to comment on his arrest, and that the district court abused its discretion by allowing a government witness offer his opinion about whether the defendant knew about the drugs in the trailer. He further argues that the government did not provide sufficient evidence to support the verdict of the jury.
Case Facts and Procedural Background
The defendant was driving a commercial tractor trailer when he arrived at a checkpoint located at the board. The border patrol agent asked the defendant if he was the only occupant of the truck and about his immigration status. Another agent informed the questioning agent to the fact that a narcotics dog had alerted the trailer.
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 appealed the charge and the appeal was granted by the district court. The district court found that there was insufficient evidence to show that the defendant had possession and control of the marijuana.
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 against the defendant consisted of testimony of the arresting officer. The officer stated that she was on patrol during the early morning hours when she saw two young men trying to change a tire on a car located in a public parking lot. A New York Criminal Lawyer said the officer approached the young men and offered to help by providing light with her flashlight. The deputy stated that the young men were friendly, but acted a bit nervous and suspicious.
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 dual convictions of the defendant for possession of marijuana with intent to sell and possession of marijuana of less than 20 grams violated the principals of double jeopardy. The second issue is whether the habitual felony offender sentence that was imposed on the defendant for the offense of possession of marijuana with the intent to sell constituted a sentence that was “illegal.”
Case Discussion and Decision
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 the possession of a felony amount of marijuana offense because the state did not have enough evidence to support a conviction on these charges.
The defendant concedes that the state had enough evidence to convict her of the lesser charges of a misdemeanor offense for possession of marijuana for the two partially smoked joints that were in plain view.
Case Background
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 to 438 months and the other to 468 months of imprisonment. Both defendants are appealing their convictions.
Each of the defendants contend that count four of the indictment that charged the knowing possession of firearms in furthering a drug trafficking crime was not properly presented to the jury and if it was presented to the jury properly the instructions that were provided to the jury in regard to that charge were in error. One of the defendant’s also contests that the evidence in the case against him was not sufficient, the district court failed to give the jury appropriate instructions, and that his 438 months sentence was erroneous.
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 to 438 months and the other to 468 months of imprisonment. Both defendants are appealing their convictions.
Each of the defendants contend that count four of the indictment that charged the knowing possession of firearms in furthering a drug trafficking crime was not properly presented to the jury and if it was presented to the jury properly the instructions that were provided to the jury in regard to that charge were in error. One of the defendant’s also contests that the evidence in the case against him was not sufficient, the district court failed to give the jury appropriate instructions, and that his 438 months sentence was erroneous.
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 argues on appeal that the state failed to prove that she constructively possessed the marijuana.
Case Background
The defendant was originally charged with possession of cocaine with intent to sell or deliver and possession of marijuana in an amount less than 20 grams. During the trial an officer testified that she made a traffic stop of the car that the defendant was driving. The car contained the defendant and two others. When the car was stopped the male got out of the car and ran and was not apprehended. The officer called for backup.
New York Criminal Lawyer Blog