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← 817 SO2D 593 - Davis v. State

Davis v. State’s Empirical Analysis

2002

Citation profile

6
cited by 6 later decisions
1
states following
April 2013
most recently cited

6 state decisions

Relationships

Relies on McClain v. State · 503 So. 2d 803 - Wetz v. State · 681 So. 2d 521 - Hoops v. State · 604 So. 2d 280 - Fleming v. State · 249 So. 2d 414 - Curry v. State

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

  1. “[T]here must be sufficient facts to warrant a finding that defendant was aware of the presence of the particular substance and was intentionally and consciously in possession of it. It need not be actual or physical possession. Constructive possession may be shown by establishing that the drug involved was subject to his dominion or control. Proximity is usually an essential element, but by itself is not adequate in the absence of other incriminating circumstances.”
    1 later decision quote this exact passage
  2. “The term “[pjossession” as used in other instructions of the Court in this ease means actual, physical possession of a tangible item, but it also means ... knowingly exereisfing] dominion and control over a tangible item while aware of the presence and character of the particular item and [being] consciously and intentionally in possession, although not actual physical possession.”
    1 later decision quote this exact passage
  3. “[A] sentence should not be disturbed on appeal so long as it does not exceed the maximum allowed by statute.”
    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.