State v. Miller

Today’s majority opinion dangerously turns a blind eye to our well-established precedent setting out the law of constructive possession. The evidence the State presented against defendant was grossly insufficient to establish a charge of possession of cocaine, and therefore, the trial court should have granted defendant’s motion to dismiss. Because the majority decision leads our constructive possession jurisprudence down a perilous road of guilt by mere proximity without substantial corroboration, I respectfully dissent.

BACKGROUND

On 8 December 2005, a team of seven or eight law enforcement…