Duvall v. State’s Empirical Analysis

Citation profile

13 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. “a drug with knowledge of the chemical identity of that drug.”

   2 later decisions quote this exact passage
   e.g. Calloway v. State · Awtrey v. State

2. “Possession of a controlled substance is not a strict liability offense. Here, the criminal intent required by OCGA §[ ] 16-13-30 (a)... is intent to possess a drug with knowledge of the chemical identity of that drug. The actus reus in [this statute] is possession of the drug, which one knows oneself to possess, when that drug is a controlled substance .... Therefore, possessing Zolpidem Tartrate, which one knows or understands to be Zolpidem Tartrate, is a violation of OCGA § 16-13-30 (a) because Zolpidem Tartrate is a controlled substance. On the other hand, possessing Zolpidem Tartrate, which one believes or understands to be an over-the-counter medication (such as Doxylamine Succinate, sold as an over-the-counter sleep aid under the brand name Unisom), is not a crime because the requisite mens rea is not present.”

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