Louisiana v. Kelly

Gwendolyn Minor, Co-Defendant, sold $20.00 worth of marijuana to a confidential informant at 2713 Dawson Street. A couple of days later, the informant indicated that the same address, 2713 Dawson Street, received a large amount of marijuana. Detective Godfrey obtained a search warrant to search the residence, and upon entry, the police found Defendant, Anthony Kelly, two his Defendant’s brothers, Co-Defendant, and Co-Defendant’s juvenile son (E.M.) and young daughter. Defendant and E.M. where found in upstairs with E.M.’s hands in the toilet, which Defendant was desperately trying to flush the toilet. The police officers retrieved a plastic bag, which contained twenty one smaller bags with marijuana from the toilet, partially smoked marijuana cigarettes, in plain view, on the living room table, twenty-one small bags of marijuana in Co-Defendant’s purse, rolling paper, and dime bags, used to package marijuana. Defendant alleges he did not live in the residence and was unaware that Co-Defendant was selling marijuana. The officers found Defendant’s clothes and shoes inside the residences closet and a letter to the Defendant listed with the same address. Defendant alleged that his most recent tax refund indicated a different address. Nevertheless, Defendant was charged and convicted with possession of marijuana with the intent to distribute. Defendant solely challenges the finding the he had the specific intent to distribute marijuana, not that Defendant was in possession of marijuana.