19 Md. App. 39 - Tucker v. State’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The record establishes that appellant Smith, who registered for the room and paid for its occupancy for two days, had a proprietary interest in the premises upon which the heroin was found; that he was a frequent visitor to those premises; and that he knew that the appellant was a heroin addict. But the record further shows that no drugs of any kind were found on the person of appellant Smith or in his car at the time of his arrest; that he was not arrested in the room in which the heroin was located; that the heroin in that room was secreted and was not in plain view; that there was no direct evidence that appellant Smith was engaged in any violation of the narcotics laws; and, most importantly, that the trial court found that the heroin discovered on the premises was for the sole use of the appellant Tucker. The record clearly establishes that appellant Smith did not have physical possession of the heroin. In the light of the trial court’s finding that the heroin was for the sole use of appellant Tucker, we cannot say that the evidence showed directly or supported a rational inference that appellant Smith had constructive possession of or control over the heroin. Haley, Peterson & Roberts v. State, 7 Md. App. 18, 33-34 , 253 A. 2d 424, 433 (1969); Scott v. State, 7 Md. App. 505, 530 , 256 A. 2d 384, 398 (1969), cert. denied, 256 Md. 747 (1970). We find that the evidence was not sufficient to sustain appellant Smith’s conviction for possession of heroin. Williams and McClel”

   1 later decision quote this exact passage · from the majority
   e.g. Garrison v. State

2. ““any common nuisance which means any dwelling house . . . building ... or any place whatever which is resorted to by drug abusers for purpose of illegally administering controlled dangerous substances or which is used for the illegal manufacture, distribution, dispensing, storage or concealment of controlled dangerous substances or controlled paraphernalia . . .. ””

   1 later decision quote this exact passage · from the majority
   e.g. 56 Md. App. 529 - Baldwin v. State