State v. Sims’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. [Djefendant operated a motor vehicle; 2. At the time [Djefendant was under the influence of intoxicating liquor; that is, as a result of drinking liquor [Djefendant was less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public; 3. [Djefendant refused to submit to chemical testing; 4. This happened in New Mexico, on or about the 7th day of October, 2008.”

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

2. “[h]ad the police officer or other witnesses observed Defendant behind the steering wheel of a moving vehicle at or near the time of his apprehension, the State would not have to rely on “actual physical control” to prove that Defendant was DWI. It is only when there are no witnesses to the vehicle’s motion that actual physical control is essential to prove DWI at the time an accused is apprehended.”

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