Free Newsletter
Criminal Law: Drug Possession – Jointly Occupied Premises – Control
Stephanie Maniscalco//March 3, 2013//
Criminal Law: Drug Possession – Jointly Occupied Premises – Control
Stephanie Maniscalco//March 3, 2013//
Listen to this articleWhere a defendant, who was charged with possession of marijuana with intent to distribute, shared a trailer with others, the evidence showed that another occupant controlled the compressed bricks of marijuana found during a search, and while the circumstances showed that the defendant knew of the drugs, they did not show that he had control over the substance, so the felony conviction is reversed and remanded for entry of a judgment of conviction for misdemeanor possession.
Judgment is reversed and remanded.
State v. Politte (MLW No. 64698/Case No. SD31469 – 6 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from circuit court, Crawford County, Head, J. (Laura Elizabeth Elsbury, Jefferson City, for respondent) (Daniel L. Viets, Columbia, for appellant).
Related Content
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
