495 So. 2d 311 - State v. Maresco’s Empirical Analysis
1986
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 2012
20 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
Relies on Jackson v. Virginia · 425 So. 2d 1222 - State v. Trahan · Watson v. Louisiana · State v. Smith · 449 So. 2d 1321 - State v. Watson
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"To support a conviction for possession of a controlled dangerous substance in violation of La.R.S. 40:967, the state must prove that the defendant was (1) in possession of the illegal drug and (2) that he knowingly possessed the drug. The state need not prove that a defendant was in actual physical possession of the drugs found; constructive possession is sufficient to support a conviction. (citation omitted) The mere presence of the defendant in the area where the drugs are found, or the mere fact that the defendant knows the person in actual possession is insufficient to prove constructive possession. (citation omitted) However, a person found in the area of the contraband may be considered in constructive possession if the illegal substance is subject to his dominion and control. (citations omitted) Or if the person is in joint possession of a drug which is in the physical possession of a companion, if he willfully and knowingly shares with the other the right to control of the drug. Guilty knowledge is the essential element. (citation omitted) The determination of whether there is possession sufficient to convict depends on the facts peculiar to each case."”
1 later decision quote this exact passagee.g. State v. Preston“Although Lori Wermuth was not home when the warrant was executed, the marijuana was seized in her apartment.... The jury was satisfied that the State proved Wermuth ... exercised sufficient control over the marijuana. Their conclusion was reasonable and there is no basis to hold otherwise.”
1 later decision quote this exact passage“no proof that Maresco knew the pills were in the bedroom.”
1 later decision 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.