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Judge denies motion to quash in Raphael Glover felon-possession case; trial to proceed
Summary
The court denied a defense motion to quash an indictment challenging whether underlying convictions qualify for felon-possession prosecution, finding the record supported a finding of dangerousness and returning the case to the trial docket.
The 252nd District Court denied a motion to quash an indictment brought on behalf of Raphael Glover, rejecting a defense argument that recent federal appellate and U.S. Supreme Court decisions undermine the state’s theory of felon-in-possession liability.
Defense counsel argued that recent cases limit how underlying offenses are treated when charging a felon-possession count. The state responded that Glover’s prior conviction for child endangerment — and a later firearms-possession matter — support an inference of dangerousness and therefore sustain the possession prohibition. The prosecutor told the court the Fifth Circuit and Supreme Court decisions cited in briefing centered on drug-possession contexts and did not directly compel quashing the indictment in Glover’s matter.
The judge said she reviewed the new authorities and the underlying facts of Glover’s prior conviction, concluded that the record showed sufficient dangerousness in the earlier offense and therefore denied the motion to quash. The court directed that the case be reset on the trial docket as expeditiously as possible and asked that an order be prepared reflecting the ruling.
Neither the court nor the parties resolved any dispositive evidentiary disputes in open court at that time; the case remains scheduled for trial.
