State v. Heath

Chief Justice TOAL:

A jury found Ted Lee Heath (Appellant) guilty of trafficking in crack cocaine. This appealed followed. We reverse and hold that Appellant was entitled to a directed verdict because the State failed to present evidence that Appellant was in constructive possession of crack cocaine.

Factual / Procedural Background

Appellant, who was twenty-two years old at the time of the arrest, lived in a house with his mother and a young child. Appellant’s mother owned the house.

The police obtained a warrant to search for crack in and around the house. When the police arrived at the house to…