State v. Johnson

Police detective Michael Lohman suspected that Terrance Johnson (defendant) was engaged in drug activity at a liquor store. Lohman and other officers executed a search warrant at the store and found rock cocaine, crack cocaine, a razor blade, glass tubes, wire mesh, small plastic bags, and several scales. The State of Louisiana (plaintiff) charged Johnson with possession with intent to distribute narcotics and attempted possession with intent to distribute narcotics. At Johnson’s trial, the trial court allowed officer Harry O’Neal to testify as an expert regarding the identification of drug paraphernalia and the use, packaging, and distribution of cocaine. O’Neal testified that he had been a narcotics detective for 12 years, had participated in thousands of narcotics arrests, and had interviewed many drug users and drug dealers. O’Neal testified about the amount of cocaine found by the officers. O’Neal also testified that the scales found in the liquor store were the type of scales commonly used to weigh narcotics before packaging them and that the other items found in the store were commonly used to make crack pipes or to package drugs for sale. The jury found Johnson guilty, and he appealed. Johnson argued that the trial court improperly let O’Neal testify that the items found in the store were consistent with narcotics distribution, because Johnson’s intent to distribute was an ultimate issue of guilt in the case.