Boone v. State’s Empirical Analysis
1986
Citation profile
2 federal appellate · 69 state decisions
How this case has been cited
Cited by 71 later decisions — most recently October 2016 · most notably 53 Cal. 3d 753 - Mercer v. Department of Motor Vehicles (1991), State v. Gutierrez (1993)
2 federal appellate · 69 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Berkemer v. McCarty · 230 Pa. Super. 563 - Commonwealth v. Kloch · McGeehan v. Bunch · State v. Boeglin · Stang v. Hertz Corporation
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“as the Boone court appears to have believed. Our adoption of UJI 14-4511 seems to me to have been a recognition by this Court that the footnote in Boone no longer had any effect. {34} In addition, I have concerns about whether Boone was correctly decided. Section 66-8-102(A) provides: It is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle within this state. {35} In Boone , we stated that the DWI statute is ambiguous because the meaning of”
2 later decisions quote this exact passagee.g. State v. Johnson · State v. Sims“to make clear that the Legislature’s definition of “driver” applies to the offense of DWI. We therefore hold that Section 66-8-102 makes it unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a motor vehicle or to exercise control over or steer a vehicle being towed by a motor vehicle; motion of the vehicle is not a necessary element of the offense.”
2 later decisions quote this exact passagee.g. State v. Harrison · State v. Sims“and thus includes all situations where a driver is in actual physical control of a vehicle seems to me to require something more than the statutory analysis we performed in Boone . Perhaps we should never have equated the two terms and instead should have restricted our remarks to stating that the seriousness of the DWI problem in our state justified equating the two terms, but that such a task”
2 later decisions quote this exact passagee.g. State v. Johnson · State v. Sims
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.