206 N.C. App. 661 - State v. Biber’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the present case, the trial court failed to make any findings of fact or conclusions of law concerning Defendant’s “intent and capability to maintain control and dominion over” the white powder found in the bathroom light fixture. As intent and capability to maintain control and dominion are elements of constructive possession, the trial court’s findings of fact and conclusions of law fail to support its order denying Defendant’s motion to suppress. We reverse the trial court’s order for this reason.”

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

2. “We hold that there was not competent evidence presented in this case to support the trial court’s findings of fact []or its conclusion that Defendant had the requisite intent and capability to maintain control and dominion over the suspected controlled substance. There was no competent evidence of any circumstances indicating that Defendant knew of the presence of the suspected controlled substance located in the bathroom light fixture.”

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

3. “We decline ... to allow someone to be convicted of constructive possession when competent evidence supports neither dominion and control over the location in which the contraband was located, nor that the suspect was ever in close proximity to the recovered contraband (or suspected contraband).”

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