Interoffice Memorandum of Law
Case: Joe Lee Simmons, Appellant v. State of Texas, Appellee
Docket number: 01-07-00543-CR
Office file number
Re: Issue [1] was there evidence of possession of cocaine weighing four or more grams but less than 200 grams given the evidentiary requirements of TEX. CODE CRIM. PROC. § 38.35(d)(1); [2] the validity of a motion to suppress based on the officer's failure to report all offenses committed in his jurisdiction to the magistrate, as required by TEX. CODE CRIM. PROC. § 2.13(b)(3); and [3] the sufficiency of an indictment under TEX. CODE CRIM. PROC. § 28.10.
Facts:
The appellant contends that the trial court erred in admitting the testimony of the State's forensic chemist, who performed a chemical analysis on the controlled substance found in appellant's shirt pocket, because the chemical analysis was not accredited at the time of the analysis; appellant challenges the trial court's denial of his motion to suppress because the State did not show that the arresting officer gave notice to some magistrate of all offenses committed within the officer's jurisdiction as required by TEX. CODE CRIM. PROC. § 2.13(b)(3); and appellant contends that the indictment was insufficient because it contained an amendment, but was not amended in accordance with TEX. CODE CRIM. PROC. § 28.10.
Analysis:
1) It is not sufficient to prove that a defendant had a controlled substance in order to establish possession.
"To prove unlawful possession of a controlled substance, the State must prove that the accused (1) exercised care, custody, control, or management over the contraband, (2) was conscious of his connection with it, and (3) knew what it was."
Reference:
53 TEX. JUR. 3d § 95 Generally; "Possession" Defined (2011-2012).
A forensic analysis of physical evidence and the supporting expert testimony are inadmissible if, when the testing was done, the facility was not duly accredited.
TEX. CODE CRIM. PROC. § 38.35(d)(1) provides that: "Except as provided by Subsection (e), a forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not admissible in a criminal action if, at the time of the analysis, the crime laboratory conducting the analysis was not accredited by the director under...
Legal Memorandum Clara and Charles are seeking to file a lawsuit against the former fiance of Clara, Derek, to whom they accuse of breaching the marriage contract before the execution of the agreement. According to Clara, she and her father Clark have suffered from serious financial and emotional damages because of the ignorant and irresponsible attitude of Derek. Clara claims that she has extensively spent money for the preparation of their
(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order: (1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or (2) To defend himself or a third person from what he reasonably
The adverse effect on the employee must be subjective, as well as objective. Not only must the employee suffer from the harassment, but it is also required that a reasonable person in the shoes of the employee would likely have suffered from such conduct." Id. At 84. While the Dupont case involved a sustained, systematic history of abusive behavior, the Court also found that if the behavior was extreme
Legal Memorandum Natalie Attired Unemployment Compensation Claim. STATEMENT OF FACTS The client in this case, Natalie Attired is 23 years of age and is a high school graduate as well as having attended New Mexico State University but dropped out after one year and began waitressing. She has most recently been working for Biddy Baker, 60 years of age who has been in the restaurant business for more than 20 years. Every three
Legal Memo MARSHAL MATHERS IN RE: Mr. Sam Witwicky (Our Client) -- Criminal Concealed Weapon Charge The firm's new client, Sam Witwicky, has retained this firm for legal representation in a criminal matter. Mr. Witwicky was arrested on his front lawn for carrying a concealed weapon. The police know Mr. Witwicky from a previous instance in which they were called to the residence of the client. Mr. Witwicky has retained this law firm
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization. Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now