Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

A K-9 interdiction officer was notified of a suspicious package received at a FedEx facility. Upon recognizing that the package was sent from a known source state, Lieutenant Steed checked the information on the package's label in a database used by law enforcement to see if it matched. All listed names, addresses, and phone numbers were false. Lieutenant Steed's K-9 dog alerted to the presence of narcotics. A search warrant was obtained, and the package was opened. The package contained two large vacuum-sealed bundles containing marijuana. A controlled delivery at the intended address for later that day was set up. Prior to the controlled delivery, Agent Jeff Pitts surveilled the Canton home. Pitts took pictures, documented his observations, and identified the tag of an Audi parked in the driveway. The vehicle's tag identified D as its owner. Pitts, posing as a FedEx delivery carrier, delivered the package to the Canton address. The package was received by Dexter Smith, who was weeding the front yard at the time of delivery. Smith carried the package into the carport. Undercover law enforcement officers moved in and took Smith into custody. As Lieutenant Steed was arresting Smith, Smith told Lieutenant Steed that he was at the residence to weed-eat and that the homeowner told him that FedEx would deliver a package that morning. A search produced a Home Depot bucket under the kitchen table with cocaine and marijuana inside. More marijuana and digital scales were located in the storage room attached to the carport. Based on another package label, the marijuana found inside the storage room had also been shipped from the same California address two weeks earlier. Officers found an AR-15 assault rifle with the serial numbers filed off. D's personal items were found in the home. On July 12, 2017, during a trip chaperoned by D Smith and Michael Brown, executed affidavits. Smith claimed that the gun found was his, and Brown's affidavit stated that the marijuana found in the home belonged to him. Smith did not know what the document he signed was, and that since he could not read, he did not know what the form stated, and that he could only write his name. Smith recanted the affidavit's statement, stating that he was scared. D had threatened to kill his family if he testified. Brown did not testify at trial. D explained to the court that they had tried several times to serve a subpoena on Brown, but they were unsuccessful in locating him. The circuit judge excluded Brown's affidavit because it lacked corroborating circumstances that could clearly indicate its trustworthiness. D was found guilty and sentenced to eighty years as a subsequent drug offender and non-violent habitual offender. D appealed and in part claimed the circuit court erred by excluding Michael Brown's affidavit.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.