DEFENDANT FOUND NOT GUILTY OF FELONY DRUG POSSESSION

November 28, 2006

DEFENDANT FOUND NOT GUILTY OF FELONY DRUG POSSESSION

DEFENDANT was charged with possession of cocaine, possession of less than 20 grams of cannabis, and possession of drug paraphernalia. She retained attorney Jeffrey H. Garland to represent her.

Jury selection began on May 8, 2006. The defense objected to restrictions on jury questioning. The trial court did not allow questioning as to each prospective juror’s ability to follow the law relating to the theory of defense. More specifically, the defense was precluded from asking the prospective jurors about different aspects of “constructive possession”.

At trial, the defense presented evidence that the defendant had been residing in a FEMA trailer and had only just moved some of her belongings into the spare bedroom of a house. The house was occupied by the defendant’s sister, her teenage children and a “boarder” who never testified. The defense maintained that the defendant had not yet moved into the house and had no “exclusive” control over any part of the premises.

During the course of trial, the State, over defense objections, was allowed to introduce evidence pertaining to a search warrant served on the premises several years before. The defense complained that the search warrant incident had never been listed in discovery, and that it was improper “Williams rule” evidence for which no notice had been given. Moreover, the defense claimed that evidence of the search warrant several years earlier was irrelevant. The State put on evidence that, several years earlier, DEFENDANT was present in the residence when a search warrant was served. There was no evidence that any contraband was found at that time.

On May 2, 2006, the jury found DEFENDANT not guilty as to the cocaine and possession of cannabis under 20 grams charges.