Yelling and Cursing at a Cop, Even a Sergeant, Isn’t Disorderly Conduct
On October 9, 2022, Joshua Gibbons, who apparently maintains a media presence (or something) under the name “Big G Audits,” was unhappy when he saw a Police Sergeant speeding into a drive through lane of a fast food restaurant. While the Sergeant was in line waiting to order, Mr. Gibbons approached the open driver’s side […]
Possessing a Glass Pipe Does Not Violate the Law or Your Probation Unless You Intend to Smoke It
Michelle Ridgeway was doing great on probation for two full years– passing drug screens, paying toward her costs and fines in one of her cases – until the police came to her shared residence for unrelated reasons, and asked to search her bedroom where they found a glass pipe. Based on the pipe and the […]
24-Hour Merger Rule for Prior Felonies Clarified
In State v. Jeremy Brian Poe, the Court of Criminal Appeals did not resolve an apparent split of authority among different panels of the Court regarding the standard of review to use when reviewing a trial court’s determination of sentencing classification, but it did resolve one issue in a client’s favor that should result in […]
Constructive Possession Requires Power and Intent to Exercise Dominion and Control
Maybe Jackson Police Officer Christian McAlister had something personal going on; otherwise, it’s hard to explain what he found so suspicious about Markell Nolen and his 12-year-old daughter stopping at a Jackson gas station in October of 2021. Officer McAlister said he found almost everything about it suspicious. First, apparently the gas station was in […]
State Concedes Error on Appeal Because Pellet Gun Wasn’t a “Deadly Weapon”
In State v. Jason O. Miller, Public Defenders Jeremy Epperson and Caroline Ballentine from Jackson must have felt like they fell through the looking glass when their client was forced to go to trial and get sentenced to eight years at 100% for a crime that was a misdemeanor at best. “At best” is a […]