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Court of Appeals of Georgia - 663 S.E.2d 832
Tags: Criminal law, Possession
tl;dr:
A conviction for possession of drugs requires proof of intent to exercise control over the drugs. Circumstantial evidence will suffice if the prosecution rules out all other reasonable hypotheses.Video Summary
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The defendant, Lavashiae Kier, was convicted of possessing less than one ounce of marijuana, but the Court of Appeals reversed the conviction due to insufficient evidence. The State relied on circumstantial evidence to prove constructive possession, but the court found that mere presence at the scene of the crime is insufficient to support a conviction. The State needed to demonstrate that the defendant had both the power and intention to exercise control over the marijuana. The defendant argued that the trial court's denial of her motion for a continuance and motion to produce an incarcerated witness violated her Sixth Amendment rights.
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