(Download) "Michael Gardner v. State Delaware" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Michael Gardner v. State Delaware
- Author : Supreme Court of Delaware
- Release Date : January 24, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
WALSH, Justice: The appellant, Michael Gardner ("Gardner"), appeals from his conviction in the Superior Court on charges of trafficking in
cocaine, possession of drug paraphernalia, maintaining a dwelling for keeping controlled substances and one count of possession
of a deadly weapon during the commission of a felony. These charges arose out of the seizure of drugs and weapons at Gardner's
residence near Newark on October 10, 1986. Gardner claims that the evidence seized at his home should have been suppressed
because the search warrant was not supported by probable cause and not issued by a neutral magistrate. He also alleges error
in an improper discovery response by the State and the lack of a sufficient nexus between the weapon seized and the underlying
drug felony. We conclude that the search warrant was properly issued in this case and that there was no discovery violation
by the State. We also conclude, however, that the State failed to establish the required evidentiary nexus between the weapon
and the predicate felony. Accordingly, we affirm the conviction on the drug charges but reverse as to the weapon charge.
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