constructive possession instruction in Mississippi

12 Mississippi opinions name it 2 courts 1980–2014 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Hicks v. Stategreen miss · 1991 · cited in 4 Mississippi opinions naming this issue, 1993–2003 2 sentences 1994Hicks' request for a constructive possession instruction was refused by the trial court which stated, "[T]here is clear evidence establishing actual possession by Hicks from the testimony of the detective, who actually saw Hicks with the canister." Id. at 1306 . 1993Hicks' request for a constructive possession instruction was refused by the trial court which stated, "[T]here is clear evidence establishing actual possession by Hicks from the testimony of the detective, who actually saw Hicks with the canister ..." Id. at 1306 .	2	4
Lannom v. Stategreen miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1988–1988 1 sentence 1988Newell v. State, 308 So.2d 71, 78 (Miss. 1975); Lannom v. State, 464 So.2d 492, 496 (Miss. 1985).	1	1
Newell v. Stategreen miss · 1975 · cited in 1 Mississippi opinions naming this issue, 1988–1988 1 sentence 1988Newell v. State, 308 So.2d 71, 78 (Miss. 1975); Lannom v. State, 464 So.2d 492, 496 (Miss. 1985).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Curry v. State green miss · 1971 2 sentences 2000The constructive possession rule was set forth in Curry v. State, 249 So.2d 414 (Miss.1971). 1999The constructive possession rule was set forth in Curry v. State, 249 So.2d 414 (Miss.1971), wherein this Court stated: What constitutes a sufficient external relationship between the defendant and the narcotic property to complete the concept of "possession" is a question which is not susceptible of a specific rule.	6	1980–2000
Wall v. State green miss · 1998 1 sentence 2014Id.	1	2014–2014
Givens v. State green miss · 1993 1 sentence 1994Another case factually similar to the case at bar is Givens v. State, 618 So.2d 1313 (Miss. 1993).	1	1994–1994
Cherry v. State neutral miss · 1980 1 sentence 1982In discussing the requirements of establishing such possession, the Court said in Cherry v. State, 386 So.2d 203 (Miss. 1980): The State cites Curry v. State, 249 So.2d 414 (Miss. 1971) which announced the constructive possession rule as follows: "What constitutes a sufficient external relationship between the defendant and the narcotic property to complete the concept of `possession' is a question which is not susceptible of a specific rule.	1	1982–1982

Where else courts name it

MN 28 (1975–2024) NC 22 (1851–2026) PA 18 (1977–2025) IL 16 (1971–2025) NY 13 (1978–2021) MS 12 (1980–2014) CA 9 (1965–2016) IA 8 (1995–2024) DC 8 (1988–2022) WA 6 (1989–2021) IN 5 (1998–2018) MA 5 (2017–2025) OH 5 (2008–2020) AL 5 (1990–1995) AR 4 (1995–2004) FL 3 (2002–2009) OR 3 (2007–2019) UT 3 (2020–2025) TX 3 (1935–1984) VT 2 (1850–1880) NE 2 (1994–1999) VA 2 (2009–2009) LA 2 (1997–2006) NM 2 (2017–2019) CT 2 (2005–2020) NJ 2 (1988–1993) ME 2 (1997–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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