State v. Cashen

Summary

The Supreme Court of Iowa held that the evidence was insufficient to establish Ross Cashen's constructive possession of marijuana found in the rear seat of a vehicle occupied by six people. Although Cashen's statements could support an inference that he knew the marijuana was present, his proximity to the marijuana, possession of rolling papers and a lighter, and other circumstances did not establish dominion and control beyond a reasonable doubt. The court vacated the Iowa Court of Appeals decision and reversed the district court's conviction and sentence.

Holdings

1. The evidence was insufficient as a matter of law to establish that Cashen had dominion and control over the marijuana. Mere proximity to contraband in a vehicle jointly occupied by several people does not establish constructive possession.
2. The court did not decide the ineffective-assistance claim because reversal of the conviction on sufficiency-of-the-evidence grounds made the claim unnecessary to address.

Questions Presented

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that Cashen constructively possessed the marijuana.
2. Whether Cashen's trial counsel was ineffective for failing to move for a new trial on the ground that the verdict was contrary to the weight of the evidence.

Disposition

reversed