980 So. 2d 440 - Flake v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “Constructive possession exists when the defendant exercises, or has the power to exercise, dominion and control over the item.” United States v. Laughman, 618 F.2d 1067, 1077 (4th Cir.1980); United States v. Phillips, 496 F.2d 1395, 1397 (5th Cir.1974), cert. denied, 422 U.S. 1056 , 95 S.Ct. 2680 , 45 L.Ed.2d 709 (1975). “Constructive possession may be determined by weighing those facts which tend to support the defendant’s necessary control over the substance against those facts which demonstrate a lack of dominion and control.” Roberts [v. State ], 349 So.2d [89] at 91 [ (Ala.Crim.App.1977) ].’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Culver v. State · Bailey v. State

2. ““While proximity to a contraband alone is not enough to establish constructive possession, ‘where other circumstantial evidence ... is sufficiently probative, proximity to contraband coupled with inferred knowledge of its presence will support a finding of guilt of such charges.’ Soriano v. State, 527 So.2d 1367, 1372 (Ala.Cr.App.1988); United States v. Whitmire, 595 F.2d 1303, 1316 (5th Cir.1979), cert. denied, 448 U.S. 906 , 100 S.Ct. 3048 , 65 L.Ed.2d 1136 (1980).””

   1 later decision quote this exact passage · from the majority
   e.g. Bailey v. State