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Monthly Archives: April 2009

Criminal – Cocaine – Intent To Distribute (access required)

There was sufficient evidence to convict defendant of possession of cocaine with intent to distribute, based on police discovery of 157 grams of cocaine in a vehicle police had stopped for having heavily tinted windows that appeared to be in ...

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Criminal – Speedy Trial Act – Continuance Request (access required)

A trial court erred in denying defendant’s request to correct a “continuance” order to accurately reflect that no continuance was requested because no trial had been scheduled, but only the initial scheduling hearing, and the Court of Appeals agrees with ...

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Search & Seizure – Warrant – Confidential Informant – Motel Room Search (access required)

Assuming without deciding that a search warrant was defective, based on defendant’s claim that a confidential informant did not provide sufficient probable cause to support issuance of the warrant, the Court of Appeals concludes from the record that the officers ...

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Criminal – Indecent Liberties – Judicial Notice (access required)

At defendant’s trial for molesting the 14-year-old sister of the mother of defendant’s four-year-old daughter, the trial court did not determine defendant’s age by taking judicial notice of his responses to questions posed during his arraignment, as defendant contends, but ...

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Criminal – Malicious Wounding – Juvenile – Parental Notice (access required)

The Court of Appeals affirms defendant’s convictions of malicious wounding and related charges arising from attacks on two separate women; defendant has cited no controlling legal authority providing that a juvenile has a due process right to have his parent ...

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Lack of diligence alleged in purchase of dwelling – $109,700 Verdict (access required)

Plaintiff claimed that the defendant breached a real estate purchase agreement to buy the property that defendant was leasing from plaintiff. The purchase agreement was conditioned on defendant obtaining financing. Plaintiff claimed damages for the difference in the contract price ...

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Criminal – Cocaine Possession – Smoking Device (access required)

Although defendant disclaimed ownership of a glass smoking device with cocaine residue found in the vehicle he was driving when he was stopped because the vehicle had stolen tags, defendant was the only occupant of the vehicle and the device ...

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Criminal – Presence Of Gun – Co-defendant’s Threats & Gestures (access required)

A defendant cannot overturn his conviction for use of a firearm in an attempted robbery by arguing there was insufficient evidence “that a gun was present”; his codefendant stated he had a gun during the assault and made motions toward ...

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Criminal – Felon In Possession – Gun In Closet (access required)

A defendant’s conviction for possession of a firearm as a convicted felon is affirmed by the Court of Appeals even though he was one of three adults in the household and the weapon was found on a closet shelf in ...

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