208 Ga. App. 211 - Pittman v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The equal access rule, as it applies in the automobile context, is merely that evidence showing that a person or persons other than the owner or driver of the automobile had equal access to contraband found in the automobile may or will, depending upon the strength of the evidence, overcome the presumption that the contraband was in the exclusive possession of the owner or driver.”

   2 later decisions quote this exact passage
   e.g. 298 Ga. App. 376 - Scott v. State · 274 Ga. App. 282 - Johnson v. State

2. “`The equal access rule, entitling a defendant to acquittal where evidence is presented that others had equal access to a vehicle or that the vehicle had recently been used by others, applies only where the sole evidence of possession of contraband found in the vehicle is the defendant's ownership or possession of the vehicle.'”

   2 later decisions quote this exact passage
   e.g. 274 Ga. App. 282 - Johnson v. State · 235 Ga. App. 671 - Garmon v. State

3. “(I)f an affirmative defense is raised by the evidence the trial court must present the affirmative defense to the jury as part of the case in its charge, even absent a request.... Defendant's contention that he was merely present at the scene is not an affirmative defense; rather the rule that mere presence without more is insufficient to convict is really a corollary to the requirement that the state prove each element of the offense charged.”

   1 later decision quote this exact passage
   e.g. 274 Ga. App. 282 - Johnson v. State