Scott v. State, 2015 Ark. App. 504

Police executed a search warrant at Rebecca Scott’s home; Scott was the sole resident present with her two grandchildren.
Officers found methamphetamine and multiple drug paraphernalia items (pipes, straws, foil, baggies) primarily in the master bedroom and laundry-room shelves; about 1.5 grams of methamphetamine was recovered and tested.
Scott initially told police she used methamphetamine and identified the master bedroom as her room; at trial she denied knowing drugs were in the house and said she slept in a different bedroom, while acknowledging others had access to the home.
Scott was charged and convicted by a jury of possession of methamphetamine and possession of drug paraphernalia; her counsel moved for directed verdicts alleging only that the State failed to prove the elements of the offenses.
On appeal Scott argued evidentiary insufficiency based on alleged joint occupancy (requiring proof of care/control and knowledge), but the court held the directed-verdict motion failed to preserve that specific argument.

Issue	Plaintiff's Argument (Scott)	Defendant's Argument (State)	Held
Sufficiency of evidence to prove possession of methamphetamine and paraphernalia	Evidence insufficient because residence was jointly occupied; State needed to prove control and knowledge	Ample circumstantial evidence (ownership, bedroom identification, admissions, items in room/laundry) supported constructive possession and knowledge	Motion for directed verdict not preserved on joint-occupancy ground; even on merits, evidence was sufficient
Preservation of appellate argument	Counsel’s general directed-verdict motions preserved sufficiency challenge	Rule 33.1 requires specificity in directed-verdict motions to preserve specific grounds	Not preserved: counsel did not specify joint-occupancy or which elements were lacking

Darrough v. State, 322 Ark. 251 (1995) (joint-occupancy requires proof of control and knowledge)
Tubbs v. State, 370 Ark. 47 (2007) (constructive possession = control or right to control)
Polk v. State, 348 Ark. 446 (2002) (constructive possession inferred when contraband is in an area immediately and exclusively accessible to defendant)
Morgan v. State, 2009 Ark. 257 (2009) (in joint-occupancy cases State must prove care/control and knowledge; factors permitting inference include proximity, plain view, ownership)
Wallace v. State, 53 Ark. App. 199 (1996) (directed-verdict motion must specify deficiencies to apprise trial court)
Plessy v. State, 2012 Ark. App. 74 (2012) (parties are bound by scope of directed-verdict motion on appeal)
Jackson v. State, 375 Ark. 321 (2009) (directed verdict is a challenge to sufficiency of evidence)