704 So. 2d 443 - State v. Neeley’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to convict a defendant of possession of a firearm by a convicted felon the state is required to prove beyond a reasonable doubt (1) possession of a firearm; (2) conviction of any enumerated felony; (3) absence of the ten year statutory period of limitation; and (4) general intent to commit the offense. La. R.S. 14:95.1; State v. Husband, 437 So.2d 269 (La.1983); State v. Lewis, 535 So.2d 943 (La.App. 2d Cir.1988); State v. Miller, 499 So.2d 281 (La.App. 1st Cir.1986). General intent is shown when the proof shows that the perpetrator carried on his person a firearm. State v. Woods, 94-2650 (La.App. 4th Cir.4/20/95), 654 So.2d 809 , writ denied, 95-1252 (La.6/30/95), 657 So.2d 1035 (La.1997). However, when the perpetrator has not carried the firearm on his person, the state must show that the defendant's intent amounted to an intent to possess rather than a mere acquiescence to the fact that there was a firearm in his presence. State v. Woods, supra ; State v. Heacox, 543 So.2d 101 (La.App. 3d Cir.1989). * * * Nevertheless, constructive possession, as opposed to actual possession, is sufficient to satisfy the possession element. State v. Day, 410 So.2d 741 (La.1982); State v. Washington, 605 So.2d 720 (La. App. 2d Cir.1992), writ denied, 610 So.2d 817 (La.1993). Constructive possession is demonstrated when the state shows the firearm was subject to defendant's dominion and control. State v. Washington, supra . (Emphasis ours.) A defendant's dominion and control over a ”

   1 later decision quote this exact passage
   e.g. 839 So. 2d 1247 - State v. Johnson

2. “... constructive possession, as opposed to actual possession, is sufficient to satisfy the possession element [of the crime of possession of firearm by convicted felon].”

   1 later decision quote this exact passage
   e.g. Houston v. Commonwealth

3. “in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act.”

   1 later decision quote this exact passage
   e.g. 842 So. 2d 1222 - State v. Anderson