Legal Opinion · Dissent

J.C. v. State

Supreme Court of Alabama

Decided September 5, 2003No. 1020824Published

1DissentBrown, Justice

I respectfully dissent. In this Court’s opinion, the majority concludes that the evidence was legally insufficient to establish that J.C. was in constructive possession of the marijuana found in his father’s *279bedroom. As the Court of Criminal Appeals noted in its unpublished memorandum:

“ ‘ “ When constructive possession is relied on, the prosecution must also prove beyond a reasonable doubt that the accused had knowledge of the presence of the controlled substances. Campbell v. State, [439 So.2d 718 (Ala.Cr.App.), rev’d on other grounds, 439 So.2d 723 (Ala.1983)]; Yarbrough v. State, 405 So.2d…

2Cases cited7 opinions

  1. Temple v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Yarbrough v. StateCourt of Criminal Appeals of Alabama · 1981
  3. Robinette v. StateSupreme Court of Alabama · 1988
  4. Grubbs v. StateCourt of Criminal Appeals of Alabama · 1984
  5. Ex Parte CampbellSupreme Court of Alabama · 1983

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