State v. Duff’s Empirical Analysis
1978
Citation profile
38 state decisions
How this case has been cited
Cited by 40 later decisions (2 by the Supreme Court) — most recently August 2015 · most notably Nyflot v. Minnesota Commissioner of Public Safety (1985), State v. Picknell (1982)
38 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 State v. Welch · State v. Nicasio · State v. Elwell · Seymour v. VERMONT DEPARTMENT OF EMP. SECURITY
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a driver makes a complicated decision, without the ■option of consulting counsel as is his statutory right, he should not be bound by that decision, since he might with counsel have made it differently. Therefore, we have no hesitation in holding that the failure of law enforcement officers to advise the defendant of his right to counsel as provided in 23 V.S. A § 1202(b) mandates a suppression of the results of the breath test.”
4 later decisions quote this exact passagee.g. State v. Gilman · State v. Bean“in accordance with the nature of the right it affords.”
2 later decisions quote this exact passagee.g. State v. Bonvie · State v. Bonvie“The taking of a chemical test involves . . . the making of a decision which may have ramifications in possible future criminal and civil proceedings. The results of the test, if taken and properly administered, are admissible into evidence in any resulting criminal prosecution. On the other hand, a refusal to take the test is also admissible into evidence in a criminal trial. Upon conviction, the defendant may be subject to a fine, imprisonment, or both. . . . . . .[W]e find the statutory policy, as embodied in 13 V.S.A. § 5234 and 23 V.S.A. § 1202(b), to require law enforcement officers to assist in [the] implementation [of the § 1202 right to counsel]. Only so read can the right to consult an attorney be adequately safeguarded. When a driver makes a complicated decision, without the option of consulting counsel as is his statutory right, he should not be bound by that decision, since he might with counsel have made it differently.”
1 later decision quote this exact passagee.g. State v. Fuller
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.