State v. DeLarosa

2 Citing cases

  1. Barbosa v. Garland

    70 F.4th 1080 (8th Cir. 2023)   Cited 3 times
    In Rincon, the Eighth Circuit analyzed whether Kan. Stat. Ann. § 21-5706-the newly-enacted corollary to the former § 65-4162-was divisible.

    Even as to § 21-5706(b), moreover, Rincon's cited authorities have concluded that combining marijuana and THC in a single count impermissibly joins two separate offenses. State v. Evans, 414 P.3d 1239, at *3 (Kan. Ct. App. 2018) (per curiam) (unpublished table decision); State v. Delarosa, 48 Kan. App.2d 253, 288 P.3d 858, 862 (2012) (Green, J., dissenting).

  2. United States v. Apicelli

    2016 DNH 1 (D.N.H. 2016)

    That test is commonly used in criminal cases to identify marijuana. See, e.g., State v. Conlin, 2014 WL 1272118, at *6 (Minn. Ct. App. Mar. 31, 2014); State v. Delarosa, 288 P.3d 858, 860 (Kan. Ct. App. 2012); United States v. Perez, 2012 WL 243232, at *3 (W.D. La. Jan. 25, 2012); State v. Hatton, 2010 WL 4409576, at *2-*3 (Ohio Ct. App. Nov. 4, 2010) (explaining reliability of Duquenois-Levine test in conjunction with microscopic analysis to distinguish marijuana from hashish); Manzano v. Clay, 2010 WL 3000185, at *6 (C.D. Cal. June 11, 2010); People v. Skidmore, 2008 WL 2514193, at *1 (Mich. Ct. App. June 24, 2008). Therefore, Apicelli's challenge to the expert opinion testimony at trial does not raise a substantial issue of law or fact.