550 So. 2d 45 - State v. Duran’s Empirical Analysis
1989
Citation profile
13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2007
13 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 · Williams v. State · Brown v. State · 480 So. 2d 1291 - Gage v. State · 459 So. 2d 1037 - Protective Cas. Ins. Co. v. Killane
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Generally, the issue of knowledge, as an element of constructive possession, Brown v. State, 428 So.2d 250 (Fla.), cert. denied, 463 U.S. 1209 , 103 S.Ct. 3541 , 77 L.Ed.2d 1391 (1983), is an ultimate question which a jury must decide on factual inferences; it is not subject to a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4). State v. Farrugia, 419 So.2d 1118, 1120 (Fla. 1st DCA 1982). See also S.T.N. v. State, 474 So.2d 884 (Fla. 4th DCA 1985) (knowledge is not a proper issue to be decided on a motion to dismiss); Cummings v. State, 378 So.2d 879 (Fla. 1st DCA 1979) (knowledge is an ultimate fact question not subject to a motion to dismiss under Rule 3.190(c)(4)), cert. denied, 386 So.2d 635 (Fla. 1980); State v. Alford, 395 So.2d 201 (Fla. 4th DCA 1981) (whether the defendant knew of the presence of a controlled substance, in light of the State's traverse, was an ultimate fact question not subject to a motion to dismiss).”
2 later decisions 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.