457 So. 2d 997 - Smith v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where, as in this case, actual possession of the contraband is not shown, and constructive possession is relied upon, the State must show beyond a reasonable doubt, in addition to constructive possession, that the accused knew of the presence of the contraband. Temple v. State, 366 So.2d 740 (Ala.Crim.App.1978); Yarbrough v. State, 405 So.2d 721 (Ala.Crim.App.1981); Rueffert v. State, 46 Ala.App. 36, 39 , 237 So.2d 520, 523 (Ala.Crim.App.1970). Where the accused is not in exclusive possession, this knowledge may not be inferred without other evidence that connects defendant to the contraband. “While physical proximity to the contraband is relevant, this evidence alone does not ‘add the necessary connection’ between appellant and the contraband to show that appellant had knowledge of the presence of controlled substances. Temple, supra, at 743 . But evidence of substantial control over the premises, such as the phone bill in appellant’s name, along with both verbal admissions and appellant’s conduct when she met the police officers at the door, will sufficiently connect appellant with the contraband to show constructive possession. “The circumstances as a whole were sufficient to convince the jury that appellant was more than just a mere visitor on the premises, and that she, either singly, or jointly, with the other occupant, had constructive possession of the contraband. Sturdivant v. State, 439 So.2d 184, 186 (Ala.Crim.App.1983).””

   3 later decisions quote this exact passage
   e.g. Howard v. State · 494 So. 2d 804 - Shaneyfelt v. State