Legal Opinion
Scott v. Hernandez-Cuevas
Supreme Court of Georgia
Decided October 18, 1990No. S90A1282PublishedCited by 9 opinions
1Opinion of the Court
Clarke, Chief Justice.
The trial court granted this petition for a writ of habeas corpus. The state appeals. We affirm.
Marco Polo Hernandez-Cuevas was convicted of trafficking cocaine. The trial court instructed the jury that it could convict upon evidence of actual or constructive possession of cocaine. At the time of conviction, the Court of Appeals had ruled that evidence of constructive possession was sufficient to convict under the statute. See Lockwood v. State, 184 Ga. App. 262 (361 SE2d 195) (1987); Evans v. State, 167 Ga. App. 396 (306 SE2d 691) (1983). The jury charge was not raised…
2Cases cited4 opinions
- Black v. HardinSupreme Court of Georgia · 1985
- Lockwood v. StateSupreme Court of Georgia · 1988
- Evans v. StateCourt of Appeals of Georgia · 1983
- Chews v. StateCourt of Appeals of Georgia · 1988
3Cited by9 opinions
- Agan v. VaughnCourt of Appeals for the Eleventh Circuit · 1997
- Luke v. BattleSupreme Court of Georgia · 2002
- Shelton v. StateCourt of Appeals of Georgia · 2011
- Hall v. VargasSupreme Court of Georgia · 2005
- Ruben Oyola v. Michael J. Bowers, Attorney General for the State of Georgia, Tommy Wallace, Jr.Court of Appeals for the Eleventh Circuit · 1991
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