109 N.C. App. 684 - State v. Neal’s Empirical Analysis

Citation profile

38 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Possession may be either actual or constructive. 'Under the theory of constructive possession, a person may be charged with possession of an item such as narcotics when he has both the power and intent to control its disposition or use, even though he does not have actual possession.' ... [If] the defendant does not have exclusive control of the premises, then 'other incriminating circumstances must be established for constructive possession to be inferred.' Nevertheless, this Court has held that '[t]he State is not required to prove that the defendant ... was the only person with access to [the controlled substance.]' Indeed, 'the State may overcome a motion to dismiss ... by presenting evidence which places the accused within such close juxtaposition to the narcotic drugs as to justify the jury in concluding that the same was in his possession.' "”

   2 later decisions quote this exact passage
   e.g. State v. Hazel · 241 N.C. App. 177 - State v. Williams