Jury selection; Batson v Kentucky; Sentencing; Consideration of mitigating factors; United States v Johnson; Warrantless search of an automobile; California v Acevedo; Probable cause; United States v Brooks; Effect of a witness’s testimony as both an expert & a fact witness; Expert & lay opinion testimony; FRE 701 & 702; Comparing United States v Freeman & United States v Young; Testifying as to the ultimate issue; FRE 704; Authentication; FRE 901; Sufficiency of the evidence; Jackson v Virginia; FIP

In an amended opinion (see e-Journal #76646 in the 1/04/2022 edition for the original opinion), the court again held that there were no errors requiring reversal and affirmed the convictions of defendants-Hall and Franklin. In the amended opinion, the court more completely explained its reasoning that there was sufficient evidence to convict Franklin of FIP. It held that a rational trier of fact could “find that Franklin possessed the firearm and ammunition. And because the firearm was loaded, illegally possessed, kept in the car’s console with the drugs, and retrievable by Franklin if necessary, a rational trier of fact could also find that the firearm was possessed in furtherance of the drug crime.”