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Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute
by David M. Reutter
The Supreme Court of Mississippi reversed a defendant’s conviction after finding the State failed to prove he conspired with anyone to distribute methamphetamine.
The Court’s en banc ruling was issued in an appeal brought by Duane Robert Henderson. After April Newman was contacted on the internet ...
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More from this issue:
- One More Reason to Dislike Your State’s DMV, by Edward Lyon
- Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
- Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
- The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
- The Many Roads to Relief Under Borden, by Dale Chappell
- Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
- Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
- Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
- Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
- Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
- Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
- Should Public Defenders Be Tweeting?, by Anthony Accurso
- California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
- California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
- National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
- Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
- Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
- Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
- Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
- Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
- Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
- Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
- Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
- SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
- Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
- It’s No Shock That Tasers Increase Brutality, by Casey Bastian
- South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending, by Anthony Accurso
- Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, by David Reutter
- New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
- California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted, by Matthew Clarke
- Maryland Enacts Significant Police Reform, Overriding Governor’s Veto, by Jayson Hawkins
- Decision Not to Prosecute May Reduce Chance of Recidivism, by Kevin Bliss
- FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government, by Dale Chappell
- Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, by Douglas Ankney
- Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes, by Douglas Ankney
- Police Legal Defense Funds Have Millions in Reserve, by Jayson Hawkins
- Big Brother Is Watching You Through Your Car, by Jayson Hawkins
- Constitutional Protections No Protection for Colorado Man Killed by Police, by Casey Bastian
- Warrantless Warrants and Crooked Courts in Chicago, by Jayson Hawkins
- Details Surface About Firm That Hacked iPhone for the FBI in 2016, by Anthony Accurso
- Debunking the Myth of ‘Dangerous’ Traffic Stops, by Jayson Hawkins
- Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws, by Matthew Clarke
- Prosecutors Call for Humane Sentencing Measures, by Kevin Bliss
- Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
- Digital Dogs, New Technology Designed to Sniff-Out Crime, by Michael Fortino, Ph.D
- Two T-shirts Cost Louisiana Man 20 Years, by Edward Lyon
- Police Use of Facial Recognition May Be Broader Than Expected, by Anthony Accurso
- When Police Ignore Ordered Changes, Is It Really Reform?, by Douglas Ankney
- The People Have Spoken: Clemency Appointments Should Follow the Will of the People, by Michael Fortino, Ph.D
- The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed, by Casey Bastian
- Police Target People of Color for Cannabis Crimes Despite Legalization, by Anthony Accurso
- Bodycams Do Not Hold Cops Accountable, Communities Do, by Anthony Accurso
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction, Sept. 1, 2024. Conspiracy, Mere Presence, Methamphetamine, Weight and Quantity of Drugs.
- 37 Mississippi Prison Gang Members, Accomplices Convicted in Massive Conspiracy, Dec. 1, 2023. Prison Gangs, Conspiracy.
- Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, Nov. 30, 2022. Conspiracy, Trading Drugs for a Gun.
- Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, Feb. 15, 2022. Drug Quantity, Simple Possession/Personal Use versus Distribution, Relevant Conduct.
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, May 15, 2021. Simple Possession/Personal Use versus Distribution, Denial of Due Process.
- Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, March 15, 2021. Cell-Phone Location/Tracking Data, Simple Possession/Personal Use versus Distribution.
- Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer, Aug. 15, 2020. Simple Possession/Personal Use versus Distribution, Interrogation, Cooperation.
- Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison, July 15, 2020. Revocation Proceedings, Simple Possession/Personal Use versus Distribution.
- Complexity and Lack of Standardization Makes Crime Statistics Less Useful, April 15, 2020. Statistics/Trends, Marijuana Laws/Issues, Simple Possession/Personal Use versus Distribution.
- Florida: Trio of Con Artists Sentenced in Rule 35 Sentence Reduction Scam, July 28, 2017. Conspiracy.
