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the intent or ability to exercise some control over the substance.In Siercks' case, he was driving a car that belonged to a woman he lived with.The chief justice's dissent argues that in cases of constructive possession, the prosecution "must prove beyond a reasonable doubt that the accused had knowledge of the presence of the controlled substance."Moore wrote that the law says a charge that the defendant had knowledge that the drug was there can be inferred from the "accused's exclusive possession, Adidas Boost 2 Golf Shoes ownership, and control of the premises where the illegal substance is found." Moore argues the car wasn't Siercks, so he didn't have exclusive control of the vehicle.Moore then argues that without that control, evidence has to be presented that supports the claim that the person had knowledge about the drug's presence. Moore said the Alabama Court of Criminal Appeals did not identify any behavior to connect Siercks to the substance, "He had no drugs on him; he did not act guilty; he did not flee or admit possession."I am not persuaded that the jury had before it sufficient evidence from which to conclude beyond a reasonable doubt that Siercks had knowledge of the presence of the small rock of cocaine that, though in proximity to his person, may not have been visible to him," the chief justice wrote, arguing that the case should be heard by the state's high court.

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Adidas Boost 2 Golf Shoes

Adidas Boost 2 Golf Shoes

Adidas Boost 2 Golf Shoes

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to 15 years in prison.The Alabama Court of Criminal Appeals rejected his appeals, which argued the state never proved the substance was cocaine or that Siercks ever possessed it.After being stopped, he told police he had no ID, according to court filings. The lead officer asked him Adidas Climacool Modulation 2 Running Shoes

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Adidas Boost 2 Golf Shoes

to get out of the car and observed what appeared to be a rock of cocaine between the driver's seat and door.In his dissent, Moore didn't address the testing issue, but focused on the "constructive possession" charge. Constructive possession is effective control over the item as opposed to "actual" possession.The issue often comes up in drug cases where more than one person is in a car when drugs are found, said Madison County Assistant District Attorney Shauna Barnett, who prosecuted Siercks. Barnett said the person has to be shown as having Adidas Boost Ultra Uncaged

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´╗┐Alabama Supreme Court declines Huntsville untested drug case

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Chief Justice Roy Moore . He argued it was never proven that Robert Siercks was in possession of the substance when he was stopped by police for a seat belt violation.Attorneys for Siercks indicated this appears to be the end of his direct appeals in the case. He still has the right to file a petition arguing that his attorneys failed to adequately represent him.Siercks, 51, was convicted in January 2013 of possession of a controlled substance after being pulled over by the Huntsville Police Department. Siercks has prior felony convictions, which led to him being sentenced Adidas Boost 5

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