21 Utah 2d 406 - State v. Cruz’s Empirical Analysis
1968
Citation profile
2 federal appellate · 2 district · 21 state decisions
How this case has been cited
Cited by 25 later decisions — most recently December 2011 · most notably 336 So. 2d 586 - Filmon v. State (1976), State v. Oevering (1978)
2 federal appellate · 2 district · 21 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 Schmerber v. State of California · Schutt v. Macduff · Otte v. State · State v. Ball
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Ijmplied consent to a chemical test arises only upon arrest and ... only an arrested person is compelled to elect whether he will submit to a chemical test or lose his license. Consequently a person prior to arrest has not given his implied consent to a chemical test and therefore his actual consent must be given. In the instant action, [Cruz] did not give his actual consent to the blood test and his forced submission thereto was not in compliance with the express terms of Section 41-6-44.10. The trial court erred in admitting the results of the test.”
2 later decisions quote this exact passage“A person operating a motor vehicle in this state is considered to have given his consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining whether he was operating or in actual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44, if the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44.”
1 later decision quote this exact passage“has been placed under arrest and has thereafter been requested by a peace officer to submit to any one or more of the chemical tests provided... .”
1 later decision quote this exact passage
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.