State v. Fish’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he word ‘operate’ as used in section (a) of that statute should be construed to mean ‘drive,’ thus requiring some evidence, either direct or circumstantial, that the defendant drove the automobile while intoxicated in order for the defendant to be convicted under that section. Proof of driving does not require an eyewitness to the driving. It may be shown by circumstantial evidence as was done in State v. Dill, 182 Kan. 174 , and State v. Hazen, 176 Kan. 594 .” 228 Kan. at 210 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Ahrens · State v. Kendall

2. ““On this appeal, the State requests this court to hold that there is a distinction between the terms ‘to operate’ and ‘to drive’ as used in K.S.A. 1979 Supp. 8-1567(a) and (b). The State maintains that the word ‘operate’ is a broader term than is the term ‘drive’ and includes acts of a person in a motor vehicle not involving the actual driving of die vehicle. Thus, the State argues, an intoxicated person, who starts the motor of an automobile and, thereafter, remains seated in die vehicle, has violated die provisions of K.S.A. 1979 Supp. 8-1567(a). The State points out there is no Kansas law defining the term ‘to operate’ in the context of this statute.” 228 Kan. at 205 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Kendall