761 So. 2d 1154 - Davis v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Proof of mere proximity of the defendant to the drugs is insufficient to sustain a conviction for constructive possession.'”

   2 later decisions quote this exact passage
   e.g. Edmond v. State · 944 So. 2d 1143 - JSM v. State

2. “The failure of circumstantial evidence to prove actual possession was recently demonstrated by this court in Isaac v. State, 730 So.2d 757 (Fla. 2d DCA 1999). There the defendant and another man were standing no more than a foot apart as they were observed by police officers. The two were passing an object between them that proved to be a bag of crack cocaine. One of the men dropped the baggie to the ground and the two began walking away. The police did not see which man dropped the baggie, but both men were searched, and neither the defendant nor the other man had either money or contraband on his person. This court observed: To be sure, the circumstances suggested that one or both men possessed cocaine. At the same time, however, those circumstances did not exclude the reasonable hypotheses that the men found the baggie at that spot and were simply examining it when the policemen happened by, or that the other fellow brought the cocaine there and was showing it to Isaac. Therefore, we reverse Isaac’s conviction and direct the circuit court to discharge him.”

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

3. “A defendant will be deemed guilty of constructive possession of drugs when it can be shown that the defendant was able to exercise dominion and control over the drugs, knew of their presence, and knew of their illicit nature.”

   1 later decision quote this exact passage
   e.g. 793 So. 2d 83 - Downard v. State