Smith v. Ganske’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““What then is critical is whether Ganske, under the restraint and detention evidenced here, was afforded a fair chance to obtain independent evidence of sobriety essential to his defense at the only time when it was available.” Id. at 517, 387 , 562 P.2d 395 .”

   2 later decisions quote this exact passage
   e.g. Amos v. Bowen · State v. Transon

2. “In our opinion, this argument misses the point. At the time he called his attorney, Ganske had made what in his mind and in the mind of his attorney were reasonable arrangements to obtain a blood test, that is, immediate release on bail in order to go to a hospital and obtain the test. It is the interference with these arrangements that gives rise to the claimed denial of ‘fair-play’ in this case, not that he could have pursued other alternatives.”

   1 later decision quote this exact passage
   e.g. State v. Klein

3. ““ ‘if ... the authorities, by their actions or regulations, frustrate ... reasonable efforts designed to produce probative evidence.’ ” 114 Ariz. at 513 , 562 P.2d at 393 (quoting from In re Martin, 58 Cal.2d 509 , 24 Cal.Rptr. 833 , 374 P.2d 801 (1962)). (Emphasis added).”

   1 later decision quote this exact passage
   e.g. Amos v. Bowen