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Case: State v. Ray (SC 17905) March 2009
Court: Connecticut Supreme Court
Trial Court: Stamford
Synopsis: Although he denied using drugs and held down a job at times, the defendant was found to be drug dependent as he was in and out of treatment since the 1980’s and recently had been unfavorably discharged from a rehab program. The court also held that the State did not have to prove a lack of drug dependency beyond a reasonable doubt even though the penalties are greater for non-drug dependent persons.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290CR16S.pdf
Tags: cocaine · drug dependent · drugs · narcotics
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Case: State v. Ray (SC 17905) January 2009
Court: Connecticut Supreme Court
Trial Court: Stamford
Synopsis: In a cocaine sale case, the court held it is not unconstitutional to require that a defendant charged with sale of narcotics prove as an affirmative defense that he or she is not drug dependent. The court stated that it is not the absence of drug dependency that increases the range of punishment to which the accused is exposed under § 21a-277 (a), sale of narcotics, but rather, it is the presence of drug dependency that decreases the range of punishment to which the accused is exposed under § 21a-278 (b), sale of narcotics by a non-drug dependent person.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290CR16.pdf
Tags: criminal law · drug · drug dependent · drugs · narcotics · sale
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Case: State v. Williams (AC 27628) 2008
Court: Connecticut Appellate Court
Trial Court: Stamford - Norwalk
Synopsis: Conviction of possession of narcotics (cocaine and marijuana) with intent to sell was upheld against a backseat passenger of a car. Although there were two frontseat occupants in the car, there was enough evidence to show the backseat passenger’s “constructive possession” of the narcotics. The drugs were found on the backseat floor where the passenger’s feet had been, he had easier access to the drugs than the other occupants, he moved from one side of the backseat to the other after the police had stopped the car, he appeared “fidgety” and he gave the police a false first name
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROap/AP110/110AP513.pdf
Tags: cocaine · criminal law · intent to sell · marijuana · narcotics · possession
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Case: State v. Mullins (SC 18097) August 2008
Court: Connecticut Supreme Court
Synopsis: Because possession of narcotics in violation of Connecticut General Statutes § 21a-279(a) is a lesser included offense of possession with intent to sell in violation of § 21a-277(a), double jeapordy precludes conviction on both charges if they arise from the same act or transaction.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR288/288cr126.pdf
Tags: criminal law · double jeopardy · narcotics · possession
