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Home / Courts / Criminal Practice – Search & Seizure – Appeals – Jury Instructions – ‘Inference’ (access required)

Criminal Practice – Search & Seizure – Appeals – Jury Instructions – ‘Inference’ (access required)

State v. Barno. Although trial counsel objected to a jury instruction on the inference of knowledge and possession that arises when a defendant controls the area in which drugs are found, at trial the argument was that the inference instruction was burden-shifting; however, on appeal, defendant argues that the trial court should have included an instruction allowing the jury to accept or reject the permissive inference of knowledge and possession.

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