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Tag Archives: Search & Seizure

Criminal Practice – Selective Prosecution – No Constitutional Basis – Search & Seizure – Probable Cause (access required)

State v. Geer. The state prosecuted defendant for possession of crack cocaine while choosing not to prosecute the man who admitted giving defendant the drugs in exchange for sex. Since the state's decision was based not on any constitutionally impermissible ground such as race or religion but on a desire not to embarrass . . .

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Criminal Practice – Search & Seizure – Appeals – Jury Instructions – ‘Inference’ (access required)

State v. Barno. Although trial counsel objected to a jury instruction on the inference of knowledge and possession that arises when a defendant controls the area in which drugs are found, at trial the argument was that the inference instruction was burden-shifting; however, on appeal, defendant argues that the trial court should have included an instruction allowing the jury to accept or reject the permissive inference of knowledge and possession.

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