193 N.C. App. 712 - State v. Alston’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) owned other items found in proximity to the contraband; (2) was the only person who could have placed the contraband in the position where it was found; (3) acted nervously in the presence of law enforcement; (4) resided in, had some control of, or regularly visited the premises where the contraband was found; (5) was near contraband in plain view; or (6) possessed a large amount of cash.”

   6 later decisions quote this exact passage
   e.g. 252 N.C. App. 480 - State v. Rice · 202 N.C. App. 148 - State v. ALVARDO

2. “A person has actual possession of a controlled substance if it is on his person, he is aware of its presence, and, either by himself or together with others, he has the power and intent to control its disposition or use.”

   2 later decisions quote this exact passage
   e.g. 242 N.C. App. 384 - State v. Jefferies · 199 N.C. App. 319 - State v. Umanzor

3. ““In ruling upon a motion to dismiss, the trial court must examine the evidence in the light most favorable to the [S]tate, giving the [Sjtate the benefit of all reasonable inferences which may be drawn from the evidence.” A motion to dismiss is properly denied where the State presents substantial evidence of each element of the crime charged and that defendant is the perpetrator of the offense. “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” “Circumstantial evidence may withstand a motion to dismiss and support a conviction even when the evidence does not rule out every hypothesis of innocence.””

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