Public-domain · open source
OpenJurist
← 635 S.W.2d 342 - State v. Barber

State v. Barber’s Empirical Analysis

1982

Citation profile

94
cited by 94 later decisions
4
states following
February 2021
most recently cited

94 state decisions

How this case has been cited

Cited by 94 later decisions — most recently February 2021 · most notably State v. Purlee (1992), Dawkins v. State (1988)

94 state decisions

40019821990200020102020decided

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 State v. Wood · State v. Wiley · State v. Brooks · State v. Burns · State v. Kelly

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

  1. “[C]onscious, intentional possession, either actual or constructive, must be established. The state must also show that the defendant was aware of the presence and nature of the [contraband] in question. Both possession and knowledge may be proved by circumstantial evidence. If actual possession has not been shown, “constructive possession will suffice when other facts buttress an inference of defendant’s knowledge of the presence of the [contraband].””
    10 later decisions quote this exact passage
  2. “Where a person is present on premises where drugs are found but does not have exclusive use or possession of the premises, it may not be inferred that he had knowledge of the presence of the drugs or had control, so that no submis-sible case is made. Additional factors are required. When the defendant is present on the premises and if there are additional independent factors showing his knowledge and control, then that is sufficient to withstand a motion for directed verdict. To justify a conviction in any case of possession it is necessary to prove that the accused knew of the presence of the forbidden substance and that the same was under his control. In the absence of incriminating circumstances no case is made.”
    1 later decision quote this exact passage
  3. “The double jeopardy clause of the United State constitution precludes a second trial after a reversal based solely on the insufficiency of evidence.”
    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.