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← 218 Neb. 201 - State v. Smith

State v. Smith’s Empirical Analysis

1984

Citation profile

17
cited by 17 later decisions
3
states following
August 2016
most recently cited

17 state decisions

How this case has been cited

Cited by 17 later decisions — most recently August 2016

17 state decisions

1001984199020002010decided

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 State v. Red Feather · State v. Weidner · State v. Heiser

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

  1. “[T]he Alco-Sensor is used as an ingredient for probable cause to arrest and require a postarrest test of blood, breath, or urine as authorized [by statute]. As a matter involving probable cause, any aspect of the breath test was a matter of law for judicial determination, not evidence for the jury. . . . The result of the preliminary breath test was irrelevant to prove any aspect of the charge against [the motorist]. Under the circumstances it was error to place before the jury any evidence regarding the result from the Alco-Sensor.”
    1 later decision quote this exact passage
  2. “As a matter involving probable cause, any aspect of the breath test was a matter of law for judicial determination, not evidence for the jury.... The result of the preliminary breath test was irrelevant to prove any aspect of the charge against Smith. Under the circumstances it was error to place before the jury any evidence regarding the result from the Alco-Sensor.”
    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.