756 So. 2d 336 - State v. Brooks’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Neither possession of a firearm by a convicted felon nor illegal carrying of weapons requires actual physical possession of a firearm upon the person of the accused; constructive possession of a firearm satisfies the possessory element. State v. Armentor, 94-745 (La.App. 3 Cir. 2/1/95) ; 649 So.2d 1187 , writ denied, 95-0557 (La.6/30/95); 657 So.2d 1027 , citing State v. Day, 410 So.2d 741 (La. 1982). Constructive possession exists when the illegal object is subject to the defendant's dominion and control. State v. Johnson, 463 So.2d 778 (La.App. 4 Cir.1985).”

   5 later decisions quote this exact passage
   e.g. State v. Fobb · 956 So. 2d 83 - State v. Baker

2. “Guilty knowledge is an essential element in proving constructive possession [of a firearm] and may be inferred from the circumstances.”

   3 later decisions quote this exact passage
   e.g. 809 So. 2d 1196 - State v. Dabney · 242 So. 3d 1254 - State v. Obrien

3. “If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while in the possession of or during the sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without benefit of probation, parole, or suspension of sentence.”

   1 later decision quote this exact passage
   e.g. 809 So. 2d 1196 - State v. Dabney