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Tag Archives: drug possession

Criminal Practice – Drug Possession — Constitutional — Confrontation Right — Expert Testimony — Analyst — Peer Review (access required)

State v. Hough Our Court of Appeals held, Even though the analyst who tested the substances seized from defendant’s home did not testify, since the analyst who did testify independently reviewed the reports and testified as to the results of her review, her testimony did not violate defendant’s right to confront the witnesses against him. With Justice Jackson not participating, the remaining members of the court are equally divided. Accordingly, the Court of Appeals’ decision is left undisturbed and stands without precedential value.

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Criminal Practice – Motion for Appropriate Relief – New Trial – Newly Discovered Evidence – Drug Possession – Father’s Admission (access required)

State v. Rhodes At defendant’s trial for drug possession, defendant’s father “plead the Fifth” when he was asked whether the drugs belonged to him, and defendant’s mother refused to testify against her husband. After defendant was convicted and placed on probation, defendant’s father admitted that the drugs were his. The judge who presided over defendant’s trial and motion for appropriate relief correctly found that the father’s admission was newly discovered evidence warranting a new trial.

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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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