Ball v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where constructive possession is nonexclusive, knowledge of the presence of the contraband and the ability to control it cannot be inferred, but must be established by “independent proof.” Chicone v. State, 684 So.2d 736 (Fla.1996); Brown v. State, 428 So.2d 250 (Fla.), cert. denied, 463 U.S. 1209 , 103 S.Ct. 3541 , 77 L.Ed.2d 1391 (1983); T.W. v. State, 666 So.2d 1001 (Fla. 5th DCA 1996); E.A.M. v. State, 684 So.2d 283, 284 (Fla. 2d DCA 1996). It is frequently said that “[s]uch proof may consist either of evidence establishing that the accused had actual knowledge of the presence of the contraband, or of evidence of incriminating statements and circumstances, other than the mere location of the substance, from which a jury might lawfully infer knowledge by the accused of the presence of the contraband on the premises.” Murphy v. State, 511 So.2d 397, 399 (Fla. 4th DCA 1987). (Footnote omitted.)”

   1 later decision quote this exact passage
   e.g. O.L.M. v. State