41 So. 3d 546 - State v. Hunter’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The crack cocaine at issue was found under a chair in the home of James Vertner. Thus, the State was required to prove the Defendant had constructive possession of the cocaine. There are several factors to consider when determining whether the Defendant had constructive possession of the crack cocaine which are set out below. Knowledge The crack cocaine at issue was found under a chair in which Michael Paige had been sitting. Michael testified that the crack was in his possession, he placed it in the back of the chair, and the | ^Defendant knew nothing about it. There was, however, testimony by Trooper Horton and Detective Dunn that they believed the Defendant and Michael were part of a drug organization. However, Michael denied any participation in the organization and the Defendant was not asked if he was part of the organization. Relationship with the Person Found in Actual Possession Neither Michael nor the Defendant actually possessed the crack cocaine when it was discovered by police. There is no evidence of a relationship between Michael and the Defendant other than testimony by Trooper Horton and Detective Dunn that they believed the Defendant and Michael were part of a drug organization. Access to the Area Vertner, the homeowner, testified that when police entered his home, the Defendant was in the kitchen by the sink and the ice box and he sat down at that time. Vertner did not testify where the Defendant sat. Babers, who was also inside the home when the Defendant ”

   1 later decision quote this exact passage
   e.g. 140 So. 3d 911 - State ex rel. T.H.

2. ““Intent is a condition of mind which is usually proved by evidence of circumstances from which intent may be inferred.” State v. Hearold, 603 So.2d 731, 735 (La.1992) (citations omitted). There are five factors courts consider to determine whether an intent to distribute can be inferred: 1) whether the defendant ever distributed or attempted to distribute the drug; 2) whether the drug was in a form usually associated with possession for distribution to others; 3) whether the amount of drug created an inference of an intent to distribute; 4) whether expert or other testimony established that the amount of drug found in the defendant’s possession is inconsistent with personal use only; and 5) whether there was any | ¡¡paraphernalia, such as baggies or scales, evidencing an intent to distribute.”

   1 later decision quote this exact passage
   e.g. 112 So. 3d 1064 - State v. Eubanks

3. “Although a conviction for possession of cocaine can stand on the possession of the slightest amount of the drug, the amount of the substance will have some bearing on the defendant’s guilty knowledge. State v. Gaines, 96-1850, pp. 5-6 (La.App. 4 Cir. 1/29/97), 688 So.2d 679, 682-83 , writ denied, 97-0510 (La.9/5/97), 700 So.2d 503 ; State v. Spates, 588 So.2d 398, 401 (La.App. 2 Cir.1991). In 17addition, the possession of drug paraphernalia is, because of the items’ peculiar nature, indicative of guilty knowledge. Gaines , p. 6, 688 So.2d at 683 ; Spates, 588 So.2d at 402 . Finally, flight is a circumstance from which guilt can be inferred. See State v. White, 535 So.2d 929, 933 (La.App. 2 Cir.1988), writ denied, 537 So.2d 1161 (La.1989).”

   1 later decision quote this exact passage
   e.g. 74 So. 3d 782 - State v. Bivens