Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Clemons v. State

Under the totality of the circumstances, the trial court did not reversibly err in denying defendant's motion to suppress evidence obtained during a warrant search of his house, even though the detective knowingly misled the issuing magistrate.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Kelvin Clemons appeals his conviction for one count each of trafficking in cocaine, trafficking in methamphetamine, possession of cocaine, and possession of methamphetamine. Clemons contends that the trial court erred by: 1 denying his motion to suppress; 2 reinstating two jurors struck by defense counsel; 3 admitting evidence from a civil forfeiture proceeding; and 4 admitting evidence from a co-defendant’s videotaped police interview. For the reasons set forth below, we affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and Clemons no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
LAND USE ATTORNEY - WESTPORT-CONNECTICUT

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›
Litigation Associate Attorney

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›
Labor and Employment Attorney-CT

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›
Go to Lawjobs