State v. Andes’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. “The words `as shown by' are simply part of the definition of the offense. The reliability of the breath test was a contested issue at trial. The court did not instruct the jury that it must accept the breath test result as the blood alcohol content. Rather it instructed: `As jurors, it's your sole responsibility to make all of the decisions about the facts in this case. You must evaluate the evidence to determine how reliable or believable the evidence is.' The jury could not rationally have understood that the contested instructions meant that the breath test result was binding on it. See State v. Clark, 286 Or. 33, 36 , 593 P.2d 123 (1979).”

   1 later decision quote this exact passage
   e.g. 587 So. 2d 878 - Fisher v. City of Eupora