Cole v. State’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We further believe the statute is invalid for the reason that it shifts the burden to the defendant to show his innocence. Under this statute, all the State is required to prove is that the defendant was in possession of ‘paraphernalia used by abusers of controlled dangerous substances for administering a controlled dangerous substance,’ then the burden shifts to the defendant to prove that he possessed the article for ‘a medical or other lawful need.’ This is contrary to the basic concept of criminal justice that the ‘defendant is innocent until proven guilty.’””

   1 later decision quote this exact passage
   e.g. Lady Ann's Oddities, Inc. v. MacY

2. ““B. No person shall have in his possession or immediate control any paraphernalia used by abusers of controlled dangerous substances for administering a controlled dangerous substance who cannot show any medical or lawful need requiring the same except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.””

   1 later decision quote this exact passage
   e.g. Lady Ann's Oddities, Inc. v. MacY