Legal Opinion · Dissent

State v. Lee

Supreme Court of Vermont

Decided August 19, 2005No. 02-512Published

1Dissent

Johnson, J.,

¶ 20. dissenting. I cannot agree with the majority’s holding that a defendant’s gun ownership is per se relevant to show that a defendant is a “drug dealer.” Although there may be specific instances in which gun evidence would be relevant to the State’s case against a defendant accused of selling drugs, this is not such a case. The State charged defendant with two counts of selling cocaine. A week after the second and final transaction upon which the charges were based, defendant acquired two firearms. Defendant neither used the guns as part of the drug transactions, nor even…

2Cases cited13 opinions

  1. United States v. PriceCourt of Appeals for the Third Circuit · 1994
  2. United States v. Ricardo M. InfanteCourt of Appeals for the Fifth Circuit · 2005
  3. State v. KirchoffSupreme Court of Vermont · 1991
  4. United States v. Jesus MartinezCourt of Appeals for the Tenth Circuit · 1991
  5. State v. RoySupreme Court of Vermont · 1989

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