Supreme Court of Georgia· 11/3/1997
Mitchell v. State
Citations
- 492 S.E.2d 204
- 268 Ga. 592
- 97 Fulton County D. Rep. 4017
- 1997 Ga. LEXIS 715
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting there is no presumption of possession by a mere passenger in an automobile, even where the drugs are found near that passenger
- evidence of cocaine under floor mat at passenger’s feet insufficient to show constructive possession even though passenger was “extremely nervous”
- “A finding of constructive possession of contraband cannot rest upon mere spatial proximity to the contraband, especially where . . . the contraband is hidden.”
- evidence insufficient where cocaine was hidden under floor mat in front of defendant passenger’s seat
- “A finding of constructive possession of contraband cannot rest upon mere spatial proximity to the contraband, especially where the contraband is hidden.”
- evidence of cocaine under floor mat at passenger’s feet insufficient to show constructive possession even though passenger was “extremely nervous”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson, Carley
Read full opinion on CourtListenerCited by
48 cases in this archive cite this case; the 20 most cited are listed.
- Vines v. StateCourt of Appeals of Georgia· 2009-03-10· cited 37×
- Lebis v. StateSupreme Court of Georgia· 2017-12-11· cited 35×
- State v. AtkinsonSupreme Court of Iowa· 2000-11-16· cited 30×
- Warren v. StateCourt of Appeals of Georgia· 2002-02-26· cited 28×
- Cochran v. StateCourt of Appeals of Georgia· 2009-09-16· cited 28×
- Helton v. StateCourt of Appeals of Georgia· 2005-01-12· cited 25×
- Rosas v. StateCourt of Appeals of Georgia· 2005-10-14· cited 25×
- Young v. StateCourt of Appeals of Georgia· 2000-03-09· cited 21×
- Hodges v. StateCourt of Appeals of Georgia· 2006-01-09· cited 21×
- Maddox v. StateCourt of Appeals of Georgia· 2013-07-11· cited 20×
- Tran v. StateCourt of Appeals of Georgia· 2000-09-27· cited 19×
- Jackson v. StateCourt of Appeals of Georgia· 2010-08-03· cited 19×
- O'NEILL v. StateSupreme Court of Georgia· 2009-03-09· cited 18×
- Reyes v. StateCourt of Appeals of Georgia· 2013-06-28· cited 17×
- Feliciano v. StateCourt of Appeals of Georgia· 2010-02-11· cited 16×
- Gray v. StateCourt of Appeals of Georgia· 2011-12-29· cited 16×
- Copeland v. StateCourt of Appeals of Georgia· 2014-06-11· cited 16×
- Flores v. StateCourt of Appeals of Georgia· 2011-03-10· cited 15×
- Scott v. StateCourt of Appeals of Georgia· 2010-08-18· cited 15×
- Kier v. StateCourt of Appeals of Georgia· 2008-06-25· cited 14×
Cites
9 cases in this archive are cited by this case.
- Jackson v. VirginiaSupreme Court· 1979-10-01· cited 79,490×
- Harris v. StateSupreme Court of Georgia· 1976-02-11· cited 127×
- Roper v. StateSupreme Court of Georgia· 1993-05-24· cited 78×
- Eason v. StateSupreme Court of Georgia· 1962-05-08· cited 46×
- Reid v. StateCourt of Appeals of Georgia· 1994-03-16· cited 46×
- Howard v. StateSupreme Court of Georgia· 1976-09-08· cited 40×
- Morrison v. StateCourt of Appeals of Georgia· 1996-02-09· cited 24×
- In the Interest of C. A. A.Court of Appeals of Georgia· 1988-06-30· cited 15×
- Mitchell v. StateCourt of Appeals of Georgia· 1997-07-11· cited 4×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.