In the few cases that exist, the defendants actually did something to the drugs in their possession to alter them or make them unavailable for trial. In State v. Parker, 02-2527 (La.App. 4 Cir. 7/9/03), 852 So.2d 3, 2003 WL 21748979 (unpub'd), vacated on other grounds, 03-2736 (La. 2/20/04), 868 So.2d 23, the defendant was charged with possession of marijuana and obstruction of justice where he dropped a marijuana cigarette to the ground and then stomped on it in an attempt to obliterate it, in the presence of police officers. However, defendant pled guilty and thus his complaints on appeal about his arrest and prosecution for obstruction of justice were not preserved.
IN RE: Weinstein, John Haas; John Haas Weinstein, APLC; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. G, Nos. 96-5113, 96-5113-3A; to the Court of Appeal, Third Circuit, No(s). 03-820, 03-806. Prior report: La.App., 852 So.2d 3. Denied.
IN RE: CARR, ISAAC; — DEFENDANT; APPLYING FOR WRIT OF CERTIORARI AND/OR REVIEW, PARISH OF ORLEANS, CRIMINAL DISTRICT COURT DIV. G, NOS. 370-675; TO THE COURT OF APPEAL, FOURTH CIRCUIT, NO. 2003-KA-0253. Prior report: La.App., 852 So.2d 3. Denied.
IN RE: BOEHMER, DONNA; ABADIE, DUANE; — DEFENDANT(S); APPLYING FOR SUPERVISORY AND/OR REMEDIAL WRITS, PARISH OF ORLEANS, CIVIL DISTRICT COURT DIV. D, NOS. 99-17291; TO THE COURT OF APPEAL, FOURTH CIRCUIT, NO(S). 2003-C-0335, 2003-C-0336, 2003-C-0372. Prior report: La.App., 852 So.2d 3. Denied.
This Court later clarified the writ by stating that the Eastern District's decision was not res judicata as to the NBA.Wingrave v. Hebert, 03-C-0335 c/w 03-C-0336 c/w 03-C-0372 (La.App. 4 Cir. 7/16/03), 852 So.2d 3.Wingrave v. Hebert, 03-C-0335 c/w 03-C-0336 c/w 03-C-0372 (La.App.
This court, agreeing with the trial court, dismissed Weinstein's appeal of the trial court's ruling that he lacked standing to challenge the dismissal. Leger v. Bailey, 03-0806, 03-0820 (La.App. 3 Cir. 8/13/03), 852 So.2d 3. We took the same action on rehearing. Legerv. Bailey, 03-0806, 03-0820 (La.App. 3 Cir. 1/28/04), 864 So.2d 909. Finally, the supreme court denied certiorari.