James Clarence McGlothin v. State of Mississippi, 238 So. 3d 1

In May 2014, narcotics agents executed a search warrant at a Biloxi home after surveillance and an informant meeting; no one was present when they entered.
Officers found a loaded Titan .25 semiautomatic handgun in the pocket of a man’s jacket hanging in a closet of a bedroom. No fingerprints were taken from the gun.
In the other bedroom and dresser they found a man’s wallet containing James McGlothin’s ID, Social Security card, bank card, and casino cards; receipts in a dresser drawer bore his name but not the home’s address.
The homeowner (McGlothin’s grandmother) arrived during the search and told agents her granddaughter lived there; she placed McGlothin on the phone and he said he would come but did not.
McGlothin was indicted and convicted as a habitual offender for unlawful possession of a firearm by a convicted felon and sentenced to ten years; he appealed arguing insufficient evidence of possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether State proved constructive possession of the firearm	State: wallet, receipts, and prior observation at the house show McGlothin lived there and thus had dominion/control	McGlothin: no proof he lived there, no evidence he wore/handled the jacket or knew of the gun, no fingerprints, mere proximity insufficient	Reversed and rendered — evidence insufficient to prove constructive possession
Whether proximity and items found are enough to infer dominion/control	State: presence of ID and personal items in same room supports inference of control	McGlothin: proximity alone (and being seen on porch days earlier) does not establish dominion or exclusive access	Court: proximity and ID alone, without additional incriminating evidence, do not establish dominion/control
Whether homeowner presumption of possession was rebutted	State: homeowner claimed the house but McGlothin’s items in room support State’s theory he resided there	McGlothin: homeowner testimony and lack of direct connection to gun rebut any presumption	Court: presumption insufficient — rebutted because State failed to show exclusive use or other incriminating circumstances
Sufficiency standard for circumstantial evidence	State: circumstantial evidence and reasonable inferences support verdict	McGlothin: State must prove beyond reasonable doubt and failed to connect him to weapon	Court: viewing evidence favorably to State, still insufficient; conviction reversed and rendered

Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency of evidence review in criminal cases)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidence must allow a rational trier of fact to find guilt beyond a reasonable doubt)
Davis v. State, 199 So.3d 701 (Miss. Ct. App. 2016) (State must prove felon status and willful possession; constructive possession defined)
Peden v. State, 132 So.3d 631 (Miss. Ct. App. 2014) (actual versus constructive possession distinction)
Gavin v. State, 785 So.2d 1088 (Miss. Ct. App. 2001) (owner-presumption of possession and when it may be rebutted)
Evans v. State, 802 So.2d 137 (Miss. Ct. App. 2001) (equal access and evidence of prior handling can support constructive possession)
Affleck v. State, 210 So.3d 1067 (Miss. Ct. App. 2015) (proximity can be a factor but is not dispositive)
Naylor v. State, 730 So.2d 561 (Miss. 1998) (close proximity alone insufficient absent other connecting evidence)
Body v. State, 147 So.3d 890 (Miss. Ct. App. 2014) (close proximity inside a container tied to defendant supported constructive possession)