IMPORTANT NEW RULING- SUPREME COURT RECOGNIZES THE INNOCENT POSSESSION DEFENSE AND REQUIREMENT FOR AN INSTRUCTION – CONVICTION REVERSED
On January 20, 2011 the Ky. Supreme Court recognized that a defendent who innocently possessed a controlled substance was entitled to a jury instruction on this defense. Defendant claimed he picked up a sock containing drugs and wanted to keep it away from his child. He attempted to call Sheriff and report it. Trial Court denied instruction, and he was convicted on mere possession.
Read full case at LawReader Supreme Court decisions for jan. 20 2011, LawReader Case No. l8.
“We agree with Adkins, therefore, that these statutes implicitly recognize an innocent possession or innocent trafficking defense, and whenever the evidence reasonably supports such a defense-where there is evidence that the possession was incidental and lasted no longer than reasonably necessary to permit a return to the owner, a surrender to authorities, or other suitable disposal-the instructions should reflect it.”