State v. Brittain’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evidence has been received by the Court that Defendant had .299 per cent by weight of alcohol in his body fluids as shown by a chemical analysis of his urine. In determining the weight that this evidence is entitled to receive you should consider whether: 1. That the test was performed by an individual possessing a valid permit issued by the Department of Health for such purpose. 2. That the test was performed according to methods approved by the Department of Health. 3. That the testing device or equipment was in proper working order at the time the test was conducted. 4. That the test was conducted in compliance with all statutory requirements.”

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

2. “The law enforcement officer who requires a chemical blood, breath, or urine test pursuant to section 39-669.08 may direct whether the test shall be of blood, breath, or urine; Provided, that when the officer directs that the test shall be of a person's blood or urine, such person may choose whether the test shall be of his blood or urine. The person tested shall be permitted to have a physician of his choice evaluate his condition and perform or have performed whatever laboratory tests he deems appropriate in addition to and following the test administered at the direction of the law enforcement officer.”

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

3. “Finally, the defendant objects to the court having given its own instruction No. 11, and refusing to give the defendant's requested instruction No. 1. These instructions relate to the requirements of Gerber, supra .... [T]he defendant's proposed instruction stated that if the jury found from the evidence that `the State has failed to prove any one of these four facts you must totally disregard any testimony or evidence received regarding the blood test itself and the results of the blood test.'”

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