Henry v. State
311 Ga. App. 353
Ga. Ct. App.2011Background
- Henry was convicted of possession of marijuana after a vehicle stop in which marijuana was found in the glove compartment.
- The car was driven by Henry and owned by Karen Smith, who was a passenger; Henry and Smith were dating and Henry had previously used Smith's vehicle.
- A strong marijuana odor filled the vehicle; marijuana was found in the glove compartment.
- The State charged Henry and Smith jointly; jury trial resulted in Henry's conviction.
- Henry argued the evidence did not prove his possession beyond a reasonable doubt; the issue is whether joint possession could be inferred from circumstances including vehicle odor and driver status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves Henry possessed the marijuana. | Henry | Henry asserts no direct evidence of possession beyond driving the car | Yes; sufficient to show joint possession under Jackson v. Virginia |
Key Cases Cited
- Warren v. State, 254 Ga.App. 52, 561 S.E.2d 190 (2002) (establishes statutory-acceptance of rules on possession)
- Cochran v. State, 300 Ga.App. 92, 684 S.E.2d 136 (2009) (supports equal-access rule limitations)
- Vines v. State, 296 Ga.App. 543, 675 S.E.2d 260 (2009) (reiterates evidence for joint possession strategies)
- Dix v. State, 307 Ga.App. 684, 705 S.E.2d 903 (2011) (discusses sufficiency and jury resolution of conflicts)
- State v. Johnson, 280 Ga. 511, 630 S.E.2d 377 (2006) (equal-access rule applies only when sole evidence is vehicle ownership)
- Cabrera v. State, 303 Ga.App. 646, 694 S.E.2d 720 (2010) (joint possession context in vehicle contraband cases)
- Ramirez v. State, 290 Ga.App. 3, 658 S.E.2d 790 (2008) (supports odor-based inference of possession)
- Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (standard for reviewing sufficiency of evidence)