591 So. 2d 837 - Thomas v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The only evidence of an agreement by the occupants of the apartment to distribute cocaine were the statements Gladney heard just before he entered the apartment: the unidentified female voice saying, "Pass me the pipe"; the unidentified male voice saying, "We've got to get this stuff sold — I need the money"; and finally the unidentified male response, "There's plenty more where that came from." Cocaine and other contraband — such as the crack pipe, guns, plastic baggies and $2,310 cash — were found in the apartment. Clayton 582 So.2d at 1022 ; McCray v. State , 486 So.2d 1247 , 1251-52 (Miss. 1986); McDonald v. State , 454 So.2d 488 , 491-95 (Miss. 1984). All of this does little to prove Thomas himself was engaged in a conspiracy to distribute cocaine. And, his cry of alarm at seeing Gladney would have been voiced whether he was on the premises as a guest or a joint venturer. The small packet of cocaine found on his person clearly proved possession; that much, but no more. From this evidence, only surmise exists of a criminal conspiracy. We accordingly reverse and render Thomas' conviction of conspiracy with intent to distribute cocaine.”

   1 later decision quote this exact passage
   e.g. Lee v. State

2. “agreement need not be formal or express, but may be inferred from the circumstances, particularly from declarations, acts and conduct of the alleged conspirators.”

   1 later decision quote this exact passage
   e.g. Banks v. State

3. “We've got to get this stuff sold — I need the money”

   1 later decision quote this exact passage
   e.g. Lee v. State