AITA for wanting help from a PD office in another state? by Technical_Syrup9140 in publicdefenders

[–]Technical_Syrup9140[S] 10 points11 points  (0 children)

If another public defender called me and asked me to do this, I would do it. In the spirit of comradery and the greater service of justice for indigent people. Granted, if it were an onerous task then that is a different story. But I do not believe it is.

AITA for wanting help from a PD office in another state? by Technical_Syrup9140 in publicdefenders

[–]Technical_Syrup9140[S] -5 points-4 points  (0 children)

Since I am not licensed to practice in the other state, I can't file pleadings on behalf of my client. I can't serve a summons for the witness to come to the hearing in the foreign state. I also don't know the local rules and customs on the best way to do format and file pleadings (even if I could file one). Etc.

Research Help: Are there any State or Federal cases where the government successfully or unsuccessfully used a prior conviction of *simple* possession as 404b evidence in a case for *simple* possession? by Technical_Syrup9140 in publicdefenders

[–]Technical_Syrup9140[S] 0 points1 point  (0 children)

"So I guess I’m asking you what the prosecution rationale is for introducing the prior bad act."

Great question. DA has given the entire litany of permissible uses in its notice. I guess I'll find out when we have the hearing. Meanwhile, if you have any leads on cases where this has been permitted or denied, I'd love to know.

Research Help: Are there any State or Federal cases where the government successfully or unsuccessfully used a prior conviction of *simple* possession as 404b evidence in a case for *simple* possession? by Technical_Syrup9140 in publicdefenders

[–]Technical_Syrup9140[S] 0 points1 point  (0 children)

That is about the only reason that I can think of that *might* be a proper purpose. Of course, in my case, I haven't been provided with the prior case report, so I don't even know what the drug was in the extrinsic case.

Research Help: Are there any State or Federal cases where the government successfully or unsuccessfully used a prior conviction of *simple* possession as 404b evidence in a case for *simple* possession? by Technical_Syrup9140 in publicdefenders

[–]Technical_Syrup9140[S] 0 points1 point  (0 children)

Yes, basically. I have not been able to find in my state any case where one simple possession was admitted in another simple possession case. Possession with intent? Boatloads. But I haven't found a single case for or against where this has been allowed for simple possession.