41 Ohio App. 3d 57 - State v. Taylor’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Defendant contends however, that strict construction of this exception to R.C. 2925.11 yields the harsh and unintended result of prosecuting legitimate prescription drug users. In defendant's view, the legislature could not have intended to make such possession a crime "While 'legislative intent' is usually an argument of last resort, and of little persuasive effect, under the circumstances the court concludes that defendant is correct. R.C. 1.47(C) makes clear that the legislature presumably intends a just and reasonable result when enacting a statute Moreover, R.C. 2901.04(A) mandates that criminal statutes be strictly construed against the state and liberally construed in favor of the accused. "Here, compliance with the dictates of those code sections requires reversal. Although it is indisputable that defendant was technically in violation of the drug abuse statute; the court finds that literal compliance with R.C. 2925.11 would be impossible Since the statute on its face outlaws the use of a controlled substance, unless obtained pursuant to a prescription and 'in the original container, ' no one could use a prescribed drug once outside the original container. Thus, literally construed, no one could take the drug, since the act of taking medicine would always require the drug to be outside the container. Obviously, such a result is not just and reasonable." (Emphasis in original.) Id. at 58 .”

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

2. “is one under which the court determines whether the amount of time between taking the medicine and taking it out of the container is reasonable under the circumstances”

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