Court of Appeals 8/10/10

I was preparing for trial last week and didn’t get around to my very much anticipated hand down synopsis.

Not a whole lot going on, other than the usual post conviction relief denials.  The only case that even merited a dissent was Roy Lee Johnson v. State.

Johnson was convicted of possession of a firearm by a convicted felon.  The State got a search warrant based on information that illegal narcotics were being sold out of the mobile home.  When they arrived, they found Johnson on the couch with a .22 rifle 8 feet away, but no trace of narcotics.  A female was also found in the residence.  The jury found Johnson in constructive possession of the .22 rifle.  Justice Lee dissented from the majority due to the fact that the State put on no evidence of who owned the rifle, or who owned the trailer or if Johnson even lived there.  The majority relied on the fact that 10 pair of Johnson’s shoes were found in one of the bedrooms and the sheriff testified that every time they had been there, Johnson had apparently been there.

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