Evans v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the defendant’s presence when a search is conducted; (2) whether the contraband was in plain view; (3) the defendant's proximity to and the accessibility of the narcotic; (4) whether the defendant was under the influence of narcotics when arrested; (5) whether the defendant possessed other contraband or narcotics when arrested; (6) whether the defendant made incriminating statements when arrested; (7) whether the defendant attempted to flee; (8) whether the defendant made furtive gestures; (9) whether there was an odor of contraband; (10) whether other contraband or drug paraphernalia were present; (11) whether the defendant owned or had the right to possess the place where the drugs were found; (12) whether the place where the drugs were found was enclosed; (13) whether the defendant was found with a large amount of cash; and (14) whether the conduct of the defendant indicated a consciousness of guilt.”

   2 later decisions quote this exact passage
   e.g. Evans v. State · Langham v. State

2. “[I]n a possession of a controlled substance prosecution, “the State must prove that: (1) the accused exercised control, management, or care over the substance; and (2) the accused knew the matter possessed was contraband.” Regardless of whether the evidence is direct or circumstantial, it must establish that the defendant’s connection with the drug was more than fortuitous. This is the so-called “affirmative links” rule which protects the innocent bystander — ■ a relative, friend, or even stranger to the actual possessor — from conviction merely because of his fortuitous proximity to someone else’s drugs. Mere presence at the location where drugs are found is thus insufficient, by itself, to establish actual care, custody, or control of those drugs. However, presence or proximity, when combined with other evidence, either direct or circumstantial (e.g., “links”), may well be sufficient to establish that element beyond a reasonable doubt. It is, as the court of appeals correctly noted, not the number of links that is dispositive, but rather the logical force of all of the evidence, direct and circumstantial.”

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

3. “The Supreme Court of Texas, on the other hand, has recognized that "disregarding undisputed facts that do not support the finding could skew the analysis” of whether the evidence is legally sufficient to support a fact finding. In the Interest of I.F.C., 96 S.W.3d 256, 266 (Tex.2002); see also City of Keller v. Wilson, 168 S.W.3d 802, 814 (Tex.2005) ("An appellate court conducting a legal sufficiency review cannot 'disregard undisputed evidence that allows of only one logical inference.' By definition, such evidence [c]an be viewed in only one light; and reasonable jurors can reach only one conclusion from it. Jurors are not free to reach a verdict contrary to such evi dence.”); Southwestern Bell Tel. Co. v. Garza, 164 S.W.3d 607, 629 (Tex.2004) ("But while our [legal sufficiency] review must acknowledge reasonable inferences that may have been drawn by the jury, it cannot ... disregard undisputed evidence”).”

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