Legal Opinion

State v. Potts

Missouri Court of Appeals

Decided November 23, 2005No. 26531PublishedCited by 6 opinions

1Opinion of the Court

PHILLIP R. GARRISON, Judge.

A jury found Allen D. Potts (“Appellant”) guilty of the class B felony of pos session of a controlled substance with the intent to distribute, Section 195.211 1 , for which he was sentenced as a prior and persistent offender, to a term of fifteen years in the Missouri Department of Corrections. He appeals claiming, inter alia, that the prosecutor vindictively brought this charge in violation of his due process rights under the Missouri and United States Constitutions.

On September 5, 2002, Christen Shilling (“Shilling”), an investigator with the Southwest Missouri…

2Cases cited25 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. Blackledge v. PerrySupreme Court of the United States · 1974
  3. United States v. GoodwinSupreme Court of the United States · 1982
  4. Crist v. BretzSupreme Court of the United States · 1978
  5. Downum v. United StatesSupreme Court of the United States · 1963

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3Cited by6 opinions

  1. State v. SapienMissouri Court of Appeals · 2011
  2. State of Missouri v. Daniel A. RoseMissouri Court of Appeals · 2016
  3. State v. DouglasMissouri Court of Appeals · 2010
  4. Harden v. StateMissouri Court of Appeals · 2013
  5. State ex rel. Matthew Becker, Franklin County Prosecuting Attorney, Relator v. The Honorable Gael D. WoodSupreme Court of Missouri · 2020

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