Legal Opinion

State v. Moses

Missouri Court of Appeals

Decided September 30, 2008No. ED 90009PublishedCited by 12 opinions

1Opinion of the Court

KENNETH M. ROMINES, Judge.

Introduction

Darryl Moses appeals his conviction for cocaine possession, arguing that insufficient evidence supported the jury’s verdict. Because we agree that no rational trier of fact could have found the elements of constructive possession beyond a reasonable doubt — principally because the State did not carry its burden to prove that Moses exercised dominion or control over the drugs — we reverse.

Factual and Procedural Background

In October 2005, the Lincoln County SWAT Team obtained a search warrant for a two-bedroom mobile home in Lincoln County, owned by Darryl…

2Cases cited11 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. DulanySupreme Court of Missouri · 1989
  3. State v. ChaneySupreme Court of Missouri · 1998
  4. State v. PurleeSupreme Court of Missouri · 1992
  5. State v. WhalenSupreme Court of Missouri · 2001

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. KernsMissouri Court of Appeals · 2012
  2. State v. AndersonMissouri Court of Appeals · 2012
  3. State v. McCauleyMissouri Court of Appeals · 2017
  4. State v. CrabtreeMissouri Court of Appeals · 2013
  5. United States v. Jeremy FisherCourt of Appeals for the Eighth Circuit · 2020

7 more not listed; retrieve them via the Exa API.

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