Cunningham v. State’s Empirical Analysis
1989
Citation profile
123 state decisions
How this case has been cited
Cited by 125 later decisions — most recently March 2018 · most notably Harris v. State (1993), Mayor of Baltimore v. Chase (2000)
123 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Albernaz v. United States · Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Gore v. United States · United States v. Universal C. I. T. Credit Corp. · Kaczorowski v. Mayor of Baltimore
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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“drug, substance, or immediate precursor in Schedules I through V. We perceive this language to be deliberate, and to demonstrate the intention of the legislature to regulate each controlled dangerous substance, and to authorize a separate conviction for the possession of each substance. Id. (citation omitted). The Cunningham court then cites to cases from other states that have interpreted state statutes similar to the UCSA and have also held that”
7 later decisions quote this exact passage“"When the legislative intent can be gathered from the various sources to which we have referred, that intent will be enforced, and the concept of lenity does not become an operable factor. If, however, the legislative intent cannot be determined, and the indicia point with equal force in opposite directions, the rule of lenity dictates that the matter be resolved in favor of the accused and against the possibility of multiple punishments."”
2 later decisions quote this exact passage“Had the legislature tied the scheme of punishments directly to the five schedules, we might have found th[e] argument [that the unit of prosecution is based upon the schedules] to have more force.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.