In re R.L.H.
Montana Supreme Court
2005 MT 177, 327 Mont. 520, 116 P.3d 791 (2005)
Facts
While on probation for a prior criminal conviction, R.L.H. (defendant) was given a drug test that came back positive for methamphetamines, opiates, and marijuana. During the subsequent probation hearing, R.L.H. admitted to using methamphetamines. R.L.H. was subsequently tried and convicted for possession of methamphetamines, opiates, and marijuana. R.L.H. appealed, arguing that a positive drug test showing the presence of a controlled substance in her system was insufficient to prove that she controlled—and therefore constructively possessed—the substance. In addition, R.L.H. argued that the positive drug test was insufficient to prove beyond a reasonable doubt that she previously possessed a controlled substance because the positive test did not prove that she knowingly used a controlled substance.
Rule of Law
Issue
Holding and Reasoning (Warner, J.)
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