State v. Gaudin’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The word ‘possession’ is often ambiguous in its meaning. It is used to describe actual possession and also to describe constructive possession. Actual and constructive possession are often so blended that it is difficult to see where one ends and the other begins. National Safe Deposit Co. v. Stead, 232 U.S. 58 , 34 S.Ct. 209 , 58 L.Ed. 504 . Actual possession exists where the thing is in the physical control, or immediate occupancy of the party. Constructive possession is that which exists in contemplation of law without actual personal occupation. Constructive possession often refers to the person lawfully entitled to immediate physical possession and control. In criminal law possession usually means care, management, physical control, or the secret hiding or protection of something forbidden or stolen. See [2] Bouvier’s Law Dictionary (Rawle’s 3rd Revision) ‘Possession;’ 33 Words and Phrases, ‘Possession’ [pp.], 71-101 and many cases there cited.””

   2 later decisions quote this exact passage
   e.g. State v. Ballou · State v. Gellers

2. ““No person shall hunt, kill or have in his possession any caribou or moose or parts thereof.””

   1 later decision quote this exact passage
   e.g. State v. Gellers