Block v. State
2015 Ark. App. 83
| Ark. Ct. App. | 2015Background
- On Dec. 22, 2012 police responded to reports of shots fired and found John Block emerge from behind a shed near Dairy and Graham Streets beside a car in a ditch with bullet holes.
- Officers observed the shed about 15–20 yards from the road; Block initially claimed someone shot at him and later admitted he had a firearm and had returned fire.
- While officers searched, Block became nervous and made spontaneous statements about spending Christmas in jail; he was handcuffed and frisked, revealing a large sum of cash.
- Behind the shed officers found a clean, dry white trash bag containing seven Ziploc bags of leafy green material later confirmed as 6.96 pounds of marijuana.
- Block was tried by jury and convicted of possession of a controlled substance with intent to deliver and simultaneous possession of drugs and firearms; he appealed only the sufficiency of evidence linking him to the marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Block possessed the marijuana | State: circumstantial evidence (proximity, dry bag, nervous behavior, cash, admission of gun) links Block to the drugs | Block: drugs were in a public/outside area not under his control; no direct proof he placed or owned the marijuana | Affirmed — substantial circumstantial evidence supported constructive possession; jury could infer control and knowledge |
Key Cases Cited
- Kilpatrick v. State, 322 Ark. 728 (recognizes constructive possession and the link between firearms and narcotics)
- Garner v. State, 355 Ark. 82 (publicly exposed contraband requires stronger linking proof)
- Hodge v. State, 303 Ark. 375 (contraband near public road may be tossed from passing cars; conviction reversed when linking factors lacking)
- Polk v. State, 348 Ark. 446 (constructive possession may be implied when contraband is immediately and exclusively accessible)
- Loggins v. State, 2010 Ark. 414 (defendant’s suspicious or nervous behavior is a linking factor)
- McCastle v. State, 392 S.W.3d 369 (proximity of contraband can be a sufficient linking factor)
- Harrison v. State, 371 Ark. 474 (State must show care, control, and management over contraband)
- Bangs v. State, 338 Ark. 515 (challenge to denial of directed verdict treated as sufficiency-of-evidence review)