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Tag Archives: cocaine

Criminal Practice – Cocaine Trafficking – Constitutional – Ineffective Assistance Claim – Jury Instruction – Lesser Included Offense – Prosecutor’s Summation – Expectation of Privacy – Constructive Possession (access required)

State v. Rodelo (Lawyers Weekly No. 14-07-0015, 19 pp.) (Chris Dillon, J.) Appealed from Randolph County Superior Court (V. Bradford Long, J.) N.C. App. Holding: In analyzing defendant’s argument that his trial counsel rendered ineffective assistance by failing to request ...

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Criminal Practice – Sentencing Level – Prior Convictions – Stipulated Dates (access required)

State v. Martin Although defendant argues on appeal that his convictions for possession of a firearm by a felon and possession with intent to sell and deliver cocaine occurred on the same day, his argument is based solely on documents outside the record on appeal; moreover, he stipulated to the trial court that those convictions occurred several months apart.

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Criminal Practice – Search & Seizure – Counterfeit Controlled Substance – Statutory Evidentiary Factors – Constructive Possession (access required)

State v. Chisholm G.S. § 90-87(6)(b) sets out several elements that constitute evidence that a substance has been intentionally misrepresented as a controlled substance. The state is not required to prove all of the factors set out in the statute in order to prove possession with intent to sell and deliver a counterfeit controlled substance.

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Criminal Practice – Drug Possession – NarTest – Cocaine — Visual ID – Marijuana – Sentencing – Trial by Jury – Restitution – Private Lab (access required)

State v. Jones Law enforcement identified the substances seized from defendant using the NarTest NTX 2000, and the state presented that evidence at trial. Neither the officer who used the NarTest nor the NarTest chemist who explained the machine showed that the NarTest was sufficiently reliable as an area for expert testimony. However, the state may prove that a substance is marijuana based on visual inspection.

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Criminal Practice – Constitutional – Confrontation Right – Expert Chemist – Others’ Reports – Cocaine – Maintaining a Vehicle – Lay Testimony – Sentencing (access required)

State v. Craven. (Lawyers Weekly No. 10-07-0679, 17 pp.) (Wanda G. Bryant, J.) Appealed from Chatham County Superior Court. (Kenneth Titus, J.) N.C. App. Holding: Where the state’s expert chemist only reviewed the reports of other chemists with regard to ...

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