Public-domain · open source
OpenJurist
← 583 So. 2d 960 - Cunningham v. State

583 So. 2d 960 - Cunningham v. State’s Empirical Analysis

1991

Citation profile

35
cited by 35 later decisions
1
states following
May 2018
most recently cited

35 state decisions

How this case has been cited

Cited by 35 later decisions — most recently May 2018 · most notably 718 So. 2d 1107 - Wall v. State (1998), Ferrell v. State (1995)

35 state decisions

150199120002010decided

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 249 So. 2d 414 - Curry v. State · 478 So. 2d 266 - Keys v. State · 355 So. 2d 1378 - Powell v. State · Hamburg v. State · 483 So. 2d 331 - Pool 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]here must be sufficient facts to warrant a finding that defendant was aware of the presence and character of the particular substance and was intentionally and consciously in possession of it. It need not be actual physical possession. Constructive possession may be shown by establishing dominion or control. Proximity is usually an essential element, but by itself is not adequate in the absence of other incriminating circumstances.”
    12 later decisions quote this exact passage
  2. “the state must show additional incriminating circumstances to justify a finding of constructive possession.”
    12 later decisions quote this exact passage
  3. “[W]hen contraband is found on premises, there must be evidence, in addition to physical proximity, showing the defendant consciously exercised control over the contraband, and, absent this evidence, a finding of constructive possession cannot be sustained.”
    6 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.