Martinets v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “inference” so derived is not "reasonable.” Third, the State's argument is contradicted by the testimony of Prestridge who stated he stopped the vehicle because it crossed the left lane marker. There is no evidence that Prestridge was relying, in whole or in part, on a tip from a female informant. 13 . The State argues that we have not viewed the evidence in the light most favorable to the prosecution, but that is the only light in which the evidence can be viewed because appellant did not offer any contrary evidence. The State further agues that we have ignored the holding in Brown, supra, and have "reached for hypotheses other than appellant’s guilt.” Such hyperbole is untrue, and portrays a misunderstanding of what is required of appellate courts when determining whether the evidence is legally sufficient to support a conviction in a possession case. We have not suggested any other hypotheses; we have merely reviewed the evidence in the light most favorable to the prosecution, considering the factors previously catalogued by the Court of Criminal Appeals and our sister courts of appeals which may serve to affirmatively link an accused to contraband. The Dixon Court reviewed several of these same factors and came to the conclusion that the factors indicating the defendant "did not have control were not only more numerous but more convincing.”

   1 later decision quote this exact passage
   e.g. Jenkins v. State