Wednesday, December 23, 2009

Court of Appeals Update (Dec. 22, 2009)

State v. Evans. Probable cause existed where confidential informant provides information about what kind of car defendants driving, where they would be going, who would be in the car, and where the cocaine would be hidden in one of the passenger's bra.

State v. Sullivan. Defendant's pro se appeal challenging conviction for driving unregistered vehicle and no insurance denied. The court found that they did not unconstitutionally violate the right to travel noting "However, the right to travel is not synonymous with the right to operate a motor vehicle on the highways of this State." Also, not a problem that the trial court didn't put a constitutional oath in the file of the clerk of court (yeah, I don't know either). And the statutes aren't unconstitutionally vague. Finally, no violation of right to counsel where trial court would not let the defendant's son (not a lawyer) represent him at trial.

State v. Williams. Officer approached and asked defendant, in his driveway, if his 30-day tag (which was in rough shape) was expired. Defendant said yes. Officer asked for a license and defendant admitted he didn't have one. Officer asked to search and defendant said, OK. Officer found cocaine and arrested him. No search problem here as the defendant was never seized and consented to everything.

No comments: