Kerns v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “aware of the presence and character of the particular substance and was intentionally and consciously in possession of it.”

   4 later decisions quote this exact passage
   e.g. 951 So. 2d 575 - Shanks v. State · 986 So. 2d 965 - Dora v. State

2. “Not only was [the accused] present at an operating methamphetamine laboratory which smelled strongly of ether; he was within two feet of methamphetamine oil, surrounded by the necessary precursor chemicals for both creating methamphetamine oil and converting it into crystal methamphetamine, ... and in close proximity to tin foil and coffee filters which tested positive for methamphetamine. Furthermore, ... [the accused] was continually at the premises which housed the methamphetamine laboratory, had purchased anhydrous ammonia as late as two days before his arrest, and was involved in the manufacture of crystal methamphetamine. This evidence soars above and beyond mere presence, and conclusively establishes constructive possession.”

   1 later decision quote this exact passage
   e.g. Kimberly Ann Whitehead v. State of Mississippi

3. “present at an operating methamphetamine laboratory which smelled strongly of ether; he was within two feet of methamphetamine oil, surrounded by the necessary precursor chemicals for both creating methamphetamine oil and converting it into crystal methamphetamine; in possession of a Lorcin .38 handgun within reach of ammunition; and in close proximity to tin foil and coffee filters which tested positive for methamphetamine.”

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