State v. Lobato

Louisiana state police trooper Mike Epps stopped Daniel Lobato (defendant) on the highway for a routine traffic violation. Lobato told Epps that he had traveled from Texas to Mississippi for the weekend and that he did not bring any luggage with him. However, Epps observed a suitcase in the car’s backseat. Epps asked to search the vehicle, and Lobato consented. When officers opened the suitcase during the search, they discovered small particles of marijuana and an odor of marijuana. The officers arrested Lobato for possession of marijuana, and Lobato produced $18,000 cash in small bundles that he had been carrying on his body. Lobato told the officers that the money was for a roofing job and that it belonged to someone else. Lobato later spoke with Sergeant James Cannon, who said that Lobato admitted to transporting marijuana from Texas to Mississippi for Robert Phillips and delivering the marijuana to Gary Veazey in exchange for $18,000. Lobato was charged with conspiracy to possess marijuana with the intent to distribute. At Lobato’s trial, Lobato testified that he never told Cannon that he had transported marijuana for Phillips. Lobato also testified that his employer had told him to travel to Mississippi to collect money owed to Phillips for a roofing job and that Lobato did not know he was transporting drugs. The prosecution (plaintiff) objected on hearsay grounds when Lobato attempted to testify about (1) conversations he had with his employer, (2) instructions he received from Phillips, and (3) his conversations with Veazey. The trial court sustained the objections and excluded the testimony. Lobato’s counsel did not challenge the evidentiary rulings during trial. Lobato was convicted, and the court of appeal affirmed. Lobato appealed to the Louisiana Supreme Court, claiming that the trial court’s evidentiary rulings had prevented him from presenting a defense that he did not know about or participate in the conspiracy.