State v. Jensen’s Empirical Analysis
1974
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2017 · most notably Baker v. Wendy's of Montana, Inc. (1984), State v. Hitchens (1980)
32 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 United States Court of Appeals Eighth Circuit · Lessenhop v. Norton · State v. Wallin · State v. Johnson · Lewis v. Buena Vista Mutual Insurance Association
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) There must be a written request by the officer to the arrested driver for permission to take a blood test. (2) If the request for a blood test is refused the officer must then make a written request for a breath or urine test. (3) There must be a showing the officer is properly qualified under the statute to administer the test. (4) There must be proof the test was given by the use of devices and methods approved by the commissioner of public safety as provided by section 321B.4, The Code. (Citations omitted.) Where the results of a breath test are offered it is mandatory to show the driver’s prior refusal to take the blood test. (Citation omitted.) Evidence of a refusal to submit to a test is inadmissible where the results would be inadmissible. (Citation omitted.) Where the proper procedure is followed, the test results are admissible in either a civil or criminal action. Section 321B.10, The Code. Where the proper procedure is followed, a refusal to submit to the test is likewise admissible. Section 321B.11, The Code.””
3 later decisions quote this exact passage““These authorities aptly describe an overruled motion in limine as a 'red flag.’ * * * With the red flag waving the trial court should have prohibited disclosure, not only of the results of the breath test, but also the fact one had been taken. * * * The trial court was alerted to the fatal weakness in the evidence by the motion in limine. Defendant preserved his position by timely objections at trial and should have been spared the prejudice attending disclosure of the test to the jury. Neither should defendant have been required to object to the test in the presence of the jury.””
1 later decision quote this exact passage““The primary purpose of a motion in limine is to avoid disclosing to the jury prejudicial matters which may compel declaring a mistrial. The trial judge is thereby alerted to an evidentiary problem which may develop in the trial. It should not, except upon a clear showing, be used to reject evidence. Careful procedure dictates the trial court’s order on a motion in limine should prohibit disclosure of questionable evidence until the court during trial in the jury’s absence has been presented an offer and objection. Thus a proper record may be made for review on appeal.””
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.