Case Law Update for May 29 – June 4
Criminal
Admissible Evidence Sufficient, Inadmissible Evidence Cured
Elements of possessing heroin include control over the heroin, which the State may show with evidence that defendant had access to the location of the heroin, even if shared. If shared, a finding of guilt requires more evidence, like control over the premises and conduct manifesting consciousness of guilt. Evidence of the former included utility bills in defendant’s name and routine access over time. Evidence of the latter included impeding the execution of a search warrant. Testimony from State’s witness relating the statement of a co-defendant was inadmissible, but resulting prejudice was minimal, and presumptively remedied by a curative instruction.
State of Missouri, Respondent, vs. Robert A. Young, Appellant.
Missouri Court of Appeals, Eastern District – ED107796
DWI
Probable Cause for Minors Explained
Statute requires suspension of license generally arrested upon probable cause to believe that they drove with blood alcohol, at a higher level for anyone generally, but a lower level for persons under 21 years old specifically. The differing levels relate to the consequence of driving with the respective blood alcohol levels based on age. Probable cause is the same for any age and include observing driver’s indicia of intoxication, following a stop after observing driver’s illegal operation while driving. Illegal operation itself is not an element of an action for revocation, so evidence of a radar gun showing that driver was speeding, constituted observation of illegal operation.
Colton Groom, Appellant, vs. Director of Revenue, Respondent.
Missouri Court of Appeals, Eastern District – ED107869