Dustin S. Campbell v. State of Indiana (mem. dec.)
72A01-1611-CR-2576
| Ind. Ct. App. | Apr 26, 2017Background
- Campbell appeals his conviction for Class A misdemeanor possession of marijuana.
- Police executed an arrest warrant at Campbell's Scott County residence on Jan 4, 2013 and smelled burnt marijuana with air freshener; only Campbell, his girlfriend, and their child were present.
- Trooper Wimp found marijuana in plain view: two bags in the house, one within arm's reach of the front door and another inside an open drawer on Campbell's nightstand; other drug paraphernalia found in Campbell's bedroom.
- Campbell admitted the marijuana was in plain view; Bryant testified he stayed in the other bedroom and Campbell’s girlfriend testified the nightstand was Campbell’s; Bryant and others testified Campbell regularly smoked marijuana.
- Trial occurred Sep 28, 2016; Campbell was convicted and sentenced Oct 11, 2016 to one year with 275 days suspended; he challenges the sufficiency of the evidence on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves constructive possession beyond a reasonable doubt | Campbell | State | Yes; evidence supports knowledge and control of marijuana |
Key Cases Cited
- Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for reviewing sufficiency of evidence)
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (sufficiency as to possession elements)
- Thompson v. State, 966 N.E.2d 112 (Ind. Ct. App. 2012) (constructive possession factors include proximity and incriminating circumstances)
- Griffin v. State, 945 N.E.2d 781 (Ind. Ct. App. 2011) (inference of knowledge and dominion when multiple occupants)