A-19-274, State v. Knight
Scotts Bluff County District Court, Judge Leo Dobrovolny
Attorney for Appellant: Katy A. Reichert (Chaloupka Holyoke Snyder Chaloupka & Longoria).
Attorneys for Appellee: Douglas J. Peterson (Attorney General) and Austin N. Relph (Assistant Attorney General)
Criminal Action: Motion to Suppress; Insufficient Evidence; Ineffective Assistance of Trial Counsel
Action Taken by Trial Court: In 2018, a police officer approached a vehicle in a bar’s parking lot and asked the two occupants to exit the vehicle; a bag of methamphetamine was found after a frisk of one of those individuals. Law enforcement was informed that Justin L. Knight was the driver of the vehicle. Knight, who had not been present for those interactions, exited the bar and was searched; nothing was found on his person. Knight and the two others were arrested. A search of the vehicle revealed incriminating evidence. Knight was later interviewed by law enforcement.
Knight was charged in connection with the incident. Knight moved to suppress evidence on various grounds. However, during the hearing on that motion, Knight’s counsel said the defense was only challenging “the stop and the search.” The motion was denied. After a jury trial, Knight was convicted of possession of methamphetamine (190.84 grams) with intent to distribute (Count I), possession of a defaced firearm (Count II), and possession of a firearm by a felon (Count III). Knight was sentenced to concurrent terms of 20 to 20 years’ imprisonment on Count I, 0 to 2 years’ imprisonment on Count II, and 3 to 5 years’ imprisonment on Count III. Knight appeals.
Assignments of Error: Knight claims (1) the trial court erred by denying his motion to suppress, (2) there was insufficient evidence to support his convictions, and (3) his trial counsel was ineffective in a number of ways.