Agee v. State’s Empirical Analysis
1988
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently September 2018 · most notably Herrera v. State (1988), Harris v. State (1994)
27 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 Hudson v. Palmer · Brown v. State · Bender v. Bender · 439 So. 2d 291 - Kuhn v. State · 420 So. 2d 631 - Miller v. State
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Mere proximity to the contraband without more, is legally insufficient to prove possession”
2 later decisions quote this exact passage“The mere fact that Agee was found twelve inches from the heroin is insufficient to support a finding that he was in possession of the contraband. Further, the heroin was found behind a tree in a public place. See D.K.W. v. State, 398 So.2d 885 (Fla. 1st DCA 1981); Tanksley [v. State, 332 So.2d 76 (Fla. 2d DCA 1976)]. Moreover, there were others on the motel premises. Diaz [v. State, 467 So.2d 1061, 1062 (Fla. 3d DCA 1985)]. There was no evidence that Agee touched the match box. See Hons v. State, 467 So.2d 829 (Fla. 2d DCA 1985)... . We hold that Agee's proximity to the heroin and his flight from the police were insufficient circumstantial evidence to establish his constructive possession of the contraband. Thus, the trial court erred in denying the defense motions for judgment of acquittal.”
1 later decision quote this exact passagee.g. Williams v. State“Constructive possession exists where the accused, without physical possession of the controlled substance, knows of its presence on or about the premises and has the ability to maintain control over the controlled substance.”
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.