Nicholas Edward Daugherty v. State of Indiana (mem. dec.)
29A02-1609-CR-2076
| Ind. Ct. App. | Feb 17, 2017Background
- Daugherty appeals a Class C misdemeanor conviction for possession of paraphernalia following a February 19, 2016 traffic-stop in a vehicle owned by his father.
- Deputy Hoard detected marijuana odor and found marijuana, scales, a measuring cup, a jar with baggies and two pipes in the glovebox during a search.
- Daugherty admitted ownership of the pipes during in-car questioning; Trees admitted marijuana possession.
- Daugherty was convicted after a bench trial and sentenced to fourteen days executed.
- On appeal, Daugherty challenges whether the State proved constructive possession beyond a reasonable doubt.
- The appellate court affirms, holding sufficient evidence supported constructive possession and the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of constructive possession | Daugherty | Daugherty | sufficient evidence supported constructive possession |
| Whether incriminating statements plus proximity established dominion | Daugherty | Daugherty | evidence supported intent and control |
| Whether Deputy Hoard's testimony was inherently incredible | Daugherty | Daugherty | no inherent incredible dubiosity |
Key Cases Cited
- Tobar v. State, 740 N.E.2d 109 (Ind. 2000) (standard for sufficiency review)
- Lock v. State, 971 N.E.2d 71 (Ind. 2012) (sufficiency review framework)
- Gray v. State, 957 N.E.2d 171 (Ind. 2011) (possession elements for paraphernalia)
- Love v. State, 761 N.E.2d 806 (Ind. 2002) (incredible dubiosity standard narrowed)
- Jones v. State, 701 N.E.2d 863 (Ind. Ct. App. 1998) (fact-finder credibility and evidence weight)
- Leyva v. State, 971 N.E.2d 699 (Ind. Ct. App. 2012) (incredible dubiosity applicable narrowly)