Case information
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41704
Lonnie Mercelle Murphy v. His Majesty the King
(Nova Scotia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-30 | Close file on Leave | |
| 2025-05-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-29 | Judgment on leave sent to the parties | |
| 2025-05-29 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 501041, 2022 NSCA 26, dated March 30, 2022, is dismissed. Dismissed |
|
| 2025-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-04-14 | Correspondence received from, (Letter Form), (Printed version filed on 2025-04-23) | Lonnie Mercelle Murphy |
| 2025-04-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-10) | His Majesty the King |
| 2025-04-04 | Respondent's response on the application for leave to appeal, (Letter Form), From the Federal Crown, Completed on: 2025-04-07, (Printed version filed on 2025-04-10) | His Majesty the King |
| 2025-04-04 |
Applicant's reply to respondent's argument, (Letter Form), to the Provincial Crown response Missing: - Proof of service for the provincial crown, Completed on: 2025-04-22, (Printed version filed on 2025-04-10) |
Lonnie Mercelle Murphy |
| 2025-03-28 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-01) | His Majesty the King |
| 2025-03-28 | Respondent's response on the application for leave to appeal, (Book Form), From the Provincial Crown., Completed on: 2025-03-31, (Printed version filed on 2025-04-01) | His Majesty the King |
| 2025-03-19 | Correspondence received from, (Letter Form), Lower court transcript, (Printed version filed on 2025-03-27) | Lonnie Mercelle Murphy |
| 2025-03-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-04-22, (Printed version filed on 2025-03-27) | Lonnie Mercelle Murphy |
| 2025-03-14 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-11 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form, (Printed version filed on 2025-03-27) | Lonnie Mercelle Murphy |
| 2025-03-11 |
Application for leave to appeal, (Book Form), Missing: - Motion for ext. of time (Rec'd 2025-03-19) - Amended notice of application with correct sec. of law (Rec'd 2025-03-19) - Respondent's contact information (Rec'd 2025-03-19), Completed on: 2025-03-20, (Printed version filed on 2025-03-27) |
Lonnie Mercelle Murphy |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Murphy, Lonnie Mercelle | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Murphy, Lonnie Mercelle
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Tim O'Leary
5251 Duke Street, Suite 1400
Halifax, Nova Scotia
B3P 1P3
Telephone: (902) 407-7478
FAX: (902) 426-1351
Email: paul.adams@ppsc-sppc.gc.ca
Agent
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Evidence — Whether the trial judge erred regarding the evidence — Whether the trial judge was biased — Whether the trial judge improperly considered evidence across counts — Whether there was a miscarriage of justice regarding the second search warrant.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The police obtained a search warrant for the applicant’s pawn shop business to search for drugs. They found bags of cocaine and a cutting agent, along with a digital scale with cocaine residue and small baggies. A large quantity of marijuana was seized from a storage area of the pawn shop. A large quantity of new merchandise, musical equipment and tools were observed. A second warrant was obtained to search and seize items the police believed to have been stolen. The applicant was convicted of: possession of cocaine and marijuana for the purpose of trafficking, possession of stolen property and possession of stolen property for the purpose of trafficking. The conviction appeal was dismissed.
Lower court rulings
Convictions entered: possession of cocaine and marijuana for the purpose of trafficking; possession of stolen property and possession of stolen property for the purpose of trafficking
Appeal and motion to adduce new evidence dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available