105 So. 3d 264
La. Ct. App.2012Background
- Warrant executed at 358 Metairie Heights, Metairie, LA (May 1, 2010).
- Deputy Matthews’ drug-detection dog alerted to the bathtub and a floor bag after entry into the bathroom.
- Seizures included syringe, crack cocaine, razor blades, pipes, paraphernalia, and Reed’s belongings; Merrill was not found in possession.
- Reed testified she owned the drugs/paraphernalia and that Merrill did not know of her drug use; she hid items in the bathtub.
- Merrill convicted of attempted possession of cocaine after a six-person jury verdict; sentenced to probation with conditions; on appeal, the sufficiency of evidence is challenged.
- Dissent argues the evidence does not prove constructive possession and would reverse the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity of the seized substance | State relies on lay/circumstantial proof; no DNA required. | Identity of cocaine not proven without scientific evidence. | Sufficient lay/circumstantial proof identified substance as cocaine. |
| Constructive possession by Merrill | Proximity, paraphernalia, and Reed’s ownership support possession. | Presence near drugs is insufficient without knowledge/control. | Evidence supports constructive possession beyond reasonable doubt. |
| Knowledge and intent for attempted possession | Knowledge inferred from proximity, association, and conduct. | No direct knowledge or control shown; jury rejected Reed’s exclusive ownership theory. | Specific intent to possess cocaine shown; attempted possession affirmed. |
| Standard of review for sufficiency | Jackson v. Virginia standard applied to view evidence in light most favorable to State. | Jury could have believed Reed’s version; exculpatory hypothesis rejected. | Sufficient evidence; conviction affirmed. |
Key Cases Cited
- State v. Harris, 846 So.2d 709 (La. 2003) (identity of drug may be proven without scientific evidence)
- State v. Murphy, 28 So.3d 499 (La. App. 5th Cir. 2009) (identity proven via lay/circumstantial evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard for criminal convictions)
- State v. Henry, 27 So.3d 935 (La. App. 5th Cir. 2009) (constructive possession factors)
- State v. Mitchell, 772 So.2d 78 (La. 2000) (reasonable-doubt standard in circumstantial cases)
- State v. Calloway, 1 So.3d 417 (La. 2009) (standard for reviewing post-verdict acquittal)