State v. Huffman

MESCHKE, Justice.

Robert Huffman appeals from a jury conviction of manufacturing, or possessing with intent to manufacture, a controlled substance. We conclude that an abused spouse retains sufficient common control over the marital home, when she returns for her personal belongings a few days after leaving it, to consent to an official search. We affirm denial of suppression and the conviction.

On July 6, 1994, Janet Huffman (Janet) called Benson County Sheriff Ned Mitzel and told him that her husband, Robert Huffman (Robert), had physically assaulted her. Mit-zel went to the couple’s rented…