Well another week at the Court of Appeals means another set of victories for the State. This week there were only three criminal cases decided and I have to admit there is no room to disagree on these decisions.
In Conley v. State there were some decent sufficiency arguments advanced concerning an alleged delivery of controlled substance. The argument could have had some teeth based on the failure of the officers to really identify Conley or his vehicle because of the rain. Additionally, the audio recording did not have any incriminating statements. Unfortunately, counsel failed to make specific enough motions for directed verdict and consequently the Court of Appeals can’t address the argument. As a side note, the best case for insufficient evidence in a delivery case is Donnie Ray Slater v. State.
Fischer v. State was an Anders brief.
Johnson v. State involved a probation revocation. The arguments on appeal were the failure to hold the hearing within 60 days and the failure to notify the defendant of the violations. The Court of Appeals held that these arguments were waived because they were not argued before the lower court.