The Defendant Samuel Richardson was charged with possession with intent to distribute cocaine base in the Federal Court in Bay City Michigan. At trial the government sought to use Richardson’s 1998 state conviction for Delivering less than 50 grams of cocaine under Federal Rule of Evidence 404(b) which allows other bad acts evidence to show that the Defendant had the same intent to distribute cocaine. The court noted that they have in the past allowed prior distribution evidence in to demonstrate an intent to distribute. But in this case, all the prosecution sought to introduce was the conviction which was over 12 years old (the trial was in 2011). Richardson will get a new trial because on February 6, 2015 the Sixth Circuit Court of Appeals ruled that this admission of evidence was not proper. The prosecution failed to establish that the 1998 offense and the instant offense were sufficiently similar. there was no evidence that it had any similarity, only the conviction offense was similar and that is not enough. Therefore the court ruled that just because a person was once a convicted drug dealer does not mean they are always a drug dealer.
Barton Morris 2016-11-16T13:37:30+00:00 February 9th, 2015|
About the Author: Barton Morris
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case. Mr. Morris fights for his clients and does not just plea them guilty. Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. His firm is prepared to take on complex legal issues with success. Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012 and 2013 for DUI/DWI and criminal defense by DBusiness Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2015 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”