Lum v. State, 101 A.3d 970

Lum possessed ammunition and brass knuckles in a vehicle he drove; he concedes lack of entitlement to possess the items
State's case-in-chief evidence showed Lum’s knowledge or control of the items when the vehicle was stopped
Evidence supported constructive possession: Lum had long possession of the vehicle, personal property of Lum scattered in the vehicle, and contraband within reach of Lum's seated position
Lum argued the trial court erred by not ruling on his motion at the end of the State’s case-in-chief; argument raised in footnote and waived under Rule 14(b)(vi)(A)(3)
Even if ruling was deferred, the delay was harmless because the State’s case included sufficient evidence of Lum’s knowledge beyond what came in during his own case
The Superior Court’s judgment is affirmed

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for knowing possession	Lum argues insufficient evidence	State had sufficient evidence for knowing possession	Yes, sufficient evidence
Waiver of the motion argument raised in a footnote	Argument presented in footnote	Waived under Rule 14(b)(vi)(A)(3)	Waived
Harmlessness of delayed ruling on judgment of acquittal	Delay prejudiced Lum	Delay harmless; evidentiary sufficiency independent	Harmless error

Lecates v. State, 987 A.2d 413 (Del. 2009) (discusses possession concepts and sufficiency of evidence for constructive possession)
State v. Clayton, 988 A.2d 935 (Del. 2010) (possession and knowledge standards for contraband)
Robertson v. State, 596 A.2d 1345 (Del. 1991) (prosecutorial remarks on silence and plain error standard)
Americas Mining Corp. v. Theriault Eyeglasses, 51 A.3d 1213 (Del. 2012) (Rule 14; footnotes not for argument; waivers)
Roca v. E.I. du Pont de Nemours & Co. Eyeglasses, 842 A.2d 1238 (Del. 2004) (opening brief requirements; waiver of issues)