Legal Question in Criminal Law in Hawaii
Transfer of Drugs
A friend of mine was in a car accident. There was 140.9 grams of marijuana in his shaving kit. He handed it to someone who stopped to check on the wreck and said ''Get rid of this''. He was found guilty of ''transfer of marijuana''. The state court of appeals affirmed the conviction. A Petition for Writ of Certiori was granted by the State Supreme Court and they reversed the decision of the Court of Appeals. A motion for rehearing was filed by the state and with no new evidence being presented, the Supreme Court reversed their own decision affirming the Court of Appeals decision. He has filed for writ of cert with the U.S. Supreme Court. What do you think his chances are of getting his case remanded to the lower court for resentencing on possession alone?
1 Answer from Attorneys
Re: Transfer of Drugs
What an interesting occurrence! It seems as though it would be reasonable to expect a 50%-50% chance. Good luck to your friend!
Jeff Navarro
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