McDuell v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘[t]he term ‘driving’ is generally used to mean, in this connection, steering and controlling a vehicle while in motion; the term ‘operating,’ on the other hand, is generally given a broader meaning to include starting the engine or manipulating the mechanical or electrical devices of a standing vehicle.’ ””

   4 later decisions quote this exact passage
   e.g. Atkinson v. State · Thomas v. State

2. ““(a) Whoever drives a motor vehicle while under the influence of intoxicating liquor or of any drug shall be fined, for the first offense, not less than $200 nor more than $1,000, or imprisoned not less than 60 days nor more than 6 months, or both. For each subsequent like offense, he shall be fined not less than $500 nor more than $2,000, and imprisoned not less than 60 days nor more than 18 months. A suspended sentence shall not be granted those convicted for a second offense under this section. ***** “(d) In determining whether an offense is a second offense hereunder no offense prior to February 29, 1956, shall be taken into consideration. Added 54 Del.Laws, Oh. 160, § 1, app. Dec. 5, 1963.””

   2 later decisions quote this exact passage
   e.g. Mergenthaler v. State · State v. Purcell