Barber v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the State is required to show more than mere possession to prove that [the defendant] intended to distrib ute the cocaine, no bright line rule exists regarding the amount.... Rather, the State may show intent to distribute in many ways, including expert testimony that the amount of contraband possessed was inconsistent with personal use, evidence showing the manner of packaging, and the possession of [weapons]. The issue of intent is peculiarly a question of fact for jury determination.”

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

2. “The issue of intent is peculiarly a question of fact for jury determination [and] even if not formally admitted as an expert, a police officer may give his opinion as to whether the amount or value of the contraband is consistent with distribution, if the State lays a foundation for the opinion by eliciting testimony about the officer's experience and training in drug enforcement.”

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