State v. McCormack’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “67-5101. State jurisdiction for civil and criminal enforcement concerning certain matters arising in Indian Country.— The state of Idaho, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280) hereby assumes and accepts jurisdiction for the civil and criminal enforcement of state laws and regulations concerning the following matters and purposes arising in Indian country located within this state, as Indian country is defined by title 18, United States Code 1151, and obligates and binds this state to the assumption thereof: A. Compulsory school attendance B. Juvenile delinquency and youth rehabilitation C. Dependent, neglected and abused children D. Insanities and mental illness E. Public assistance F. Domestic relations G. Operation and management of motor vehicles upon highways and roads maintained by the county or state, or political subdivisions thereof.”

   2 later decisions quote this exact passage
   e.g. State v. Smith · State v. Snyder

2. “No ... health care professional ... shall incur any civil or criminal liability for any act arising out of administering an evidentiary test for alcohol concentration or for the presence of drugs or other intoxicating substances at the request or order of a peace officer ... provided, that nothing in this section shall relieve any such person or legal entity from civil liability arising from the failure to exercise the community standard of care. (b) A peace officer is empowered to order [a healthcare professional] to withdraw a blood sample for evidentiary testing when the peace officer has probable cause to believe that the suspect has committed any of the following offenses: (i) Aggravated driving under the influence of alcohol, drugs or other intoxicating substance as provided in section 18-8006, Idaho Code; (ii) Vehicular manslaughter as provided in subsections (3)(a), (b) and (c) of section 18-4006, Idaho Code; (iii) Aggravated operating of a vessel on the waters of the state while under the influence of alcohol, drugs or other intoxicating substances as provided in section 67-7035, Idaho Code; or (iv) Any criminal homicide involving a vessel on the waters of the state while under the influence of alcohol, drugs or other intoxicating substances. (e) The withdrawal of the blood sample may be delayed or terminated if: (i) In the reasonable judgment of the hospital personnel withdrawal of the blood sample may result in serious bodily injury to hospital personnel or other p”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. DeWitt

3. “When addressing issues of state jurisdiction in Indian Country, we are guided by the canon of construction that state and federal legislation passed for the benefit of Indians is to be construed in the Indians' favor. State v. Major, 111 Idaho 410 , 725 P.2d 115 (1986); Sheppard v. Sheppard, 104 Idaho 1 , 655 P.2d 895 (1982).... The law is well established that the standard of construction requires this Court to narrowly construe any statutes extending state jurisdiction over Indian Country.”

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