474 So. 2d 145 - Ex Parte Kerr’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “". . . [i]f the instant jury had believed the accused's defense theory — that he possessed the quantity of marijuana found beside him on the car seat and that he had no knowledge of the contents of the duffel bag in the trunk — it would have been justified in returning a verdict of guilty pursuant to § 20-2-70 . Here, the evidence would support a finding under either § 20-2-70 or § 20-2-80 ."”

   4 later decisions quote this exact passage · from the majority
   e.g. 500 So. 2d 57 - Connolly v. State · 570 So. 2d 835 - Ingram v. State

2. ““Appellant was found in possession of more than 2.2 pounds of marijuana, and under the facts of this case was properly charged and convicted under Section 20-2-80. An accused is not entitled to have the jury charged on a lesser included offense unless there is a reasonable theory from the evidence to support the lesser offense. [Citations omitted.]””

   1 later decision quote this exact passage · from the majority
   e.g. 512 So. 2d 1314 - Caver v. State

3. “"Conduct proscribed by § 20-2-70 [possession] is clearly a lesser offense included in the criminal conduct addressed in § 20-2-80 [trafficking]; and a jury instruction to that effect is required, where requested, if any reasonable theory of the evidence supports a finding of the lesser offense."”

   1 later decision quote this exact passage · from the majority
   e.g. 543 So. 2d 724 - Cano v. State