Branch v. Wilkinson’s Empirical Analysis

Citation profile

2 federal appellate · 56 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That the blood sample here in question was taken from appellant by the physician “in the course of his professional business” is not disputed. Neither is it denied that part of the blood sample was, on instructions of the physician, given by the nurse to the State Police officer, without the consent of appellant. “Matter communicated” as used in the statute has been defined “as information obtained in the sick room, heard or observed by the physician, or of which he is otherwise informed pertaining to the patient and upon which he is persuaded to do some act or give some direction or advice in the discharge of his professional obligation.” In the case at bar the patient was unconscious and was completely in the trust and care of the physician. If, under such circumstances, a physician is prohibited by statute from testifying as to the intoxicated condition of the patient, it is our opinion that the statute would also prohibit testimony of a physician concerning a sample of blood which he took from the patient and caused to be delivered to thé State Police officer to be used in determining the alcoholic content of the blood. This was clearly information obtained by the physician “in the sick room ” and it was error to overrule appellant’s objection to testimony concerning the same.”

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

2. “The next factor to be determined is whether the extraction of a blood sample comes within the contemplation of the privilege. The physician-patient privilege protects not only statements made by the patient to the physician, but also facts obtained by the physician by observation or examination.... [W]hen one submits to an examination, the knowledge so acquired by the physician is privileged. The taking of a blood sample from a patient clearly comes within the contemplation of the physician-patient privilege. The plaintiff cites the Supreme Court case of Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966), which recognizes the distinction drawn between oral communications and physical evidence, e.g., a blood sample, for purposes of the Fifth Amendment. The plaintiff points out that section 27-504, R.R.S. [Neb.Rev.Stat.] 1943, speaks of “communications” between the physician and patient and argues, based upon the above, that the blood sample is not a “communication.” The above distinction is relevant only to Fifth Amendment analysis and has no application to the physician-patient privilege. Extraction and analysis of a blood sample is clearly within the contemplation of the privilege.”

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

3. “It is apparent from the record that the blood alcohol test results of Wilkinson were known to numerous people. The record, however, is devoid of any indication that the defendant had any control over the dissemination of this information, opportunity to halt or prevent it, or that he approved it. There is no evidence in the record that the defendant ever made the results of the test known to third persons.”

   1 later decision quote this exact passage
   e.g. Buffa v. Scott