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Tag Archives: Judge Jean Harrison Clements

Suspended sentences revoked for good behavior violation

The trial court properly admitted, under the relaxed evidentiary standard applicable at suspended sentence revocation hearings, field test results that established a vial found near appellant contained PCP. The trial court’s determination that appellant violated the good behavior provisions of ...

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Convictions for illegal cigarette trafficking upheld

Appellant’s convictions for fraudulent cigarette purchases and illegal distribution are affirmed. Appellant did not have valid documentation when he made bulk cigarette purchases and submitted no documentation that he remitted sales tax on the 40,000 cigarettes he purchased “on three ...

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Evidence properly admitted in gang-crime prosecution

A high school student’s interview in his associate principal’s office that included the associate principal, a police detective and a school resource officer acting as the student’s translator was not a custodial interrogation, so no Miranda warnings were required. His ...

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Firearms conviction supported by testimony of multiple witnesses

Testimony from multiple witnesses, together with other testimony, including the defendant’s own telephone calls, supported his conviction for possession of a firearm. Background The evidence established that Erica Hutchings heard gunshots after 7 a.m. on Oct. 29, 2017, and saw ...

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Folded lottery tickets did not supply probable cause for search

Police officers did not have probable cause to search a defendant’s car based on the presence of folded lottery tickets in plain view because lottery tickets have a legitimate purpose and their incriminating nature was not immediately apparent. As a ...

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