Ex Parte Carter

Floyd Carter petitioned this Court for certiorari review of the Court of Criminal Appeals' affirmance of the trial court's judgment convicting Carter of the unlawful possession of a controlled substance. The issue presented is whether the trial court erred in failing to give a jury instruction regarding circumstantial evidence. We granted Carter's petition; we affirm.

I

On November 6, 2000, the Lawrence County Drug Task Force and officers from the Lawrence County Sheriff's Department executed a search warrant at the residence of Margaret O. Deputy John Charest testified at trial that he was the…