994 So. 2d 293 - Ward v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “The possession vital to the convictions under review may, in familiar language, be either actual or constructive. It thus is unnecessary to show that the accused had the drug on his person or within his immediate reach; it is enough that he ‘was knowingly in a position or had the right to exercise dominion and control over’ it, either directly or through others. Possession in that sense suffices though it is jointly shared, and it may be established by circumstantial as well as direct evidence. “ ‘ “We are aware of criticisms — on grounds of imprecision — of the constructive-possession doctrine, thus formulated, as a measure of the legal sufficiency of evidence to demonstrate drug-possession. We think, however, that this adjudicative standard becomes acceptable when it is realized that the critical inquiry for judges is whether the factfinder can reasonably conclude from the proof that the accused likely had some appreciable ability to guide the destiny of the drug. Even were we free to do otherwise, we would adhere to that concept in preference to artificial rules restricting evidence — sufficiency—rules that would inevitably invade the traditional province of the jury to assess the significance of circumstantial evidence, and to determine whether it eliminates all reasonable doubt as to whether the accused had that power.” ’ “429 So.2d at 1141-42, quoting United States v. Staten, 581 F.2d 878, 882-885 (U.S.App.D.C.1978). “After considering Alabama’s definition of posse”

   3 later decisions quote this exact passage · from the majority
   e.g. Mizusawa v. State · C.B.D. v. State

2. ““ ‘Child pornography has gone high technology, and there is no sign of the trend abating.’ Don’t Cache Out Your Case: Prosecuting Child Pornography Possession Laws Based on Images Located in Temporary Internet Files, 19 Berkeley Tech. L.J. at 1228. Computer images of child pornography fall within the definition of ‘obscene matter,’ as that term is used in § 13A-12-192, Ala. Code 1975. In Rutledge v. State, 745 So.2d 912 (Ala.Crim.App.1999), this Court held that ‘§ 13A-12-192, Ala. Code 1975, prohibits the possession and dissemination of child pornography by any means, including visual depictions of children engaged in sexual acts displayed on computers, computer diskettes, and the Internet.’ ... [[Image here]] “In State v. Mobley, 129' WashApp. 378, 118 P.3d 413 (2005), the Washington Court of Appeals stated that the issue of possession in the context of computer images concerns whether the defendant ‘reached out for and exercised dominion and control’ over the images. It stated: “ ‘When synthesized with Washington’s constructive possession law, the core question seems to be whether the totality of the circumstances establishes that a defendant reached out for and exercised dominion and control over the images at issue. See id. [United States v. Perez, 247 F.Supp.2d 459 (S.D.N.Y.2003) ]; see also [United States v.] Tucker , 305 F.3d [1193] 1204 [(10th Cir.2002)]; [State v.] Callahan, 77 Wash.2d [27] at 29, 459 P.2d 400 [ (1969) ]. This approach recognizes and promotes the pur”

   2 later decisions quote this exact passage · from the majority
   e.g. C.B.D. v. State · 2010 WI App 47 - State v. Mercer

3. “If there is no reaching out for and controlling of such images, then presumably juveniles will be in less demand for such exploitation, with a resulting reduction in physical and psychological harm.”

   1 later decision quote this exact passage · from the majority
   e.g. 2010 WI App 47 - State v. Mercer