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May 2015 Archives

Watch where you hide that dope

In an opinion that should produce a bunch of smirks, the Oregon Court of Appeals ruled that a criminal defendant can be in constructive possession of drugs found inside his co-defendant's vagina. Before we start the inevitable "slippery slope" sort of arguments a case like this is destined to produce, let's look at the facts. In State v. Sherman, an opinion announced by the COA April 22, 2015, the court found that the trial court did not err in denying defendant's MJOA "based on its determination that a reasonable juror could conclude that he constructively possessed 5.67 grams of cocaine found in his codefendant's vagina." Sure.

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