Evidence Of Prior Drug Use Can Now Be Used To Convict

Evidence Prior Drug Use to Convict

Defendant Kenneth Adams was convicted “of six counts relating to a conspiracy to manufacture methamphetamine and possession of methamphetamine,” after his housemate was arrested for failure to stop at a stop sign and driving while under the influence of alcohol and drugs.  State v. Adams, 273 P.3d 718, 721 (Kan. 2012).  On appeal from his conviction Adams argued that the “trial court gave an improper jury instruction regarding testimony about prior drug use.”  Id. at 726. 

Under K.S.A. 6-447 evidence of a prior drug use is inadmissible to prove the defendant’s “disposition to commit crime.”  However, under K.S.A. 60-455, evidence of a prior drug use is only admissible to prove “motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.” 

The Supreme Court of Kansas held that because the evidence of Adam’s drug use was use at the time he committed the charged crime and to show that he had possession and control over the drugs. 

If you have any questions or concerns regarding a drug related charge contact Lindsey Ericskon or Dionne Scherff with Erickson Scherff, LLC at www.ericksonscherff.com for counsel.