State v. Walker’s Empirical Analysis

Citation profile

1 federal appellate · 25 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. “The legislature has established an administrative procedure to be used when a driver refuses a breath test when suspected of driving while intoxicated. That procedure provides for a suspension of a license through administrative procedures pursuant to the implied consent law. . . . The administrative procedure can impose only limited sanctions and is designed to provide a simple and expeditious decision. A distinct procedure exists in the criminal justice system to determine whether the driver is guilty of driving under the influence of intoxicants. . . . The criminal trial is by constitution and statute more formal and hence more cumbersome. If collateral estoppel could be used against the state in the criminal case, the state or the DMY to protect its position at the subsequent trial, would have to litigate the administrative hearings more extensively. . . . Thus, instead of the short, simple proceeding intended by the legislature, the license suspension hearings could become as long and as fully litigated as a criminal case. The intent of the legislature presumably was to avoid this.”

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

2. “[T]he statutes that give rise to defendant’s appearance in city court, A.R.S. §§ 28-1071 et seq., are designated “Procedure for Adjudication of Civil Traffic Violations.” These statutes specifically provide that “[vjiolations of statutes relating to traffic movement and control ... shall be treated as civil matters____” A.R.S. § 28-1071(A). The burden of proof in these proceedings shall be "by a preponderance of the evidence,” A.R.S. § 28-1076(C), and the “civil sanction” shall not exceed $250. A.R.S. § 28-1076(E). Moreover, a person charged with a civil traffic violation is not entitled to a jury trial. A.R.S. § 28-1076(C).”

   1 later decision quote this exact passage
   e.g. Taylor v. Sherrill

3. “Collateral estoppel or issue preclusion is applicable when the issue or fact to be litigated was actually litigated in a previous suit, a final judgment was entered, and the party against whom the doctrine is to be invoked had a full opportunity to litigate the matter and actually did litigate it, provided such issue or fact was essential to the prior judgment.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Department of Economic Security v. Powers