Indiana Supreme Court

Lisa Gray, Appellant (defendant Below) v. State of Indiana, Appellee (plaintiff Below)

November 22, 20112011 Ind. LEXIS 1014

Summary

The Indiana Supreme Court reinstated Gray’s misdemeanor marijuana-possession conviction, holding that the evidence was sufficient to support constructive possession. Gray’s possessory interest in the apartment established her capability to control the marijuana, while its location in plain view near her and its immediately apparent incriminating character supplied additional circumstances showing intent and knowledge. The court deferred to the trial court’s credibility determinations and declined to reweigh conflicting evidence.