Date: 08-20-2024

Case Style:

State of Kansas v. Blake Dean Morgan

Case Number: 126,360

Judge: Kendra S. Lewison

Court: District Court, Riley County, Kansas

Plaintiff's Attorney: Riley County Kansas District Attorney's Office

Defendant's Attorney:

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Description:

Manhattan, Kansas possession of meth, marijuana and paraphernalia criminal defense lawyer represented the Defendant.

Riley County Police Officer Paul Terpstra stopped Morgan's car for a traffic violation. During the car stop, Terpstra smelled marijuana in the car, which provided probable cause to search Morgan's car. While searching the car, Terpstra found baggies of a crystalline substance and jars of a green leafy substance inside Morgan's backpack. The crystalline substance tested positive for methamphetamine, and the green leafy substance tested positive for marijuana. Terpstra also found unused baggies, a digital scale, and a metal grinder in Morgan's backpack. Elsewhere in the car, Terpstra found a hand-rolled marijuana cigarette and straws with white powdery residue.

The State charged Morgan with distribution or possession with intent to distribute methamphetamine; possession of drug paraphernalia-baggies and digital scale; possession of drug paraphernalia-rolling papers and grinder; and unlawful possession of marijuana. His criminal case proceeded to trial.

During jury selection for Morgan's trial, the prosecutor asked the jury pool who among them supported marijuana legalization. The prosecutor observed that "a lot" of people raised their hands. Throughout the rest of jury selection, the prosecutor called on five potential jurors to discuss why they supported marijuana legalization. One of those potential jurors who spoke was D.G., a Hispanic male. During peremptory strikes, the prosecutor struck those who spoke in support of marijuana legalization, including D.G.

Morgan launched a Batson challenge against striking D.G. on grounds of racial discrimination. The district court held a Batson hearing, where the prosecutor said that he struck D.G. because of D.G.'s statements supporting marijuana legalization. The district court stated that it would have found the prosecutor's justification as a "race-based reason" if only a few people had raised their hands to support marijuana legalization and the others had been struck. But because many people raised their hands and were not struck, the district court said that it was "not going to find that that's a race neutral reason." Neither counsel attempted to clarify or correct the court's conflicting statements. After that finding, the district court moved to the third Batson step and required Morgan to show purposeful discrimination by the prosecutor. The court found that Morgan failed to show purposeful discrimination because the prosecutor had struck all of the potential jurors he had called on to speak about supporting marijuana legalization and there were still minorities left in the juror pool.

Outcome: After a two-day trial, the jury convicted Morgan of simple methamphetamine possession instead of possession with intent to distribute, possession of drug paraphernalia-rolling papers and grinder, and possession of marijuana. The jury acquitted Morgan of possession of drug paraphernalia-baggies and digital scale. The district court sentenced Morgan to a controlling sentence of 20 months in prison.

Affirmed.

State v. Morgan, 126,036 (Kan. App. Aug 30, 2024)

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Defendant's Experts:

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