231 Or. App. 36 - State v. Bergin’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Contrary to the dissent's suggestion, we do not hold, and it is not the case, that anyone whose testimony may be relevant in establishing the chain of custody, authenticity of the sample, or accuracy of the testing device, must appear in person as part of the prosecution's case. . . . Additionally, documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Ramirez v. State · McCarthy v. State

2. “"Although [breathalyzer machines] produce evidence that is used only in criminal prosecutions or administrative hearings, the person who performs the test of a machine's accuracy does so with no particular prosecutorial use in mind, and, indeed, there is no guarantee that the machine will ever, in fact, be used."”

   2 later decisions quote this exact passage
   e.g. 93 Mass. App. Ct. 308 - Commonwealth v. McEvoy · 405 Ill. App. 3d 210 - People v. Jacobs

3. “[i]ntoxilyzer certificates bear a more attenuated relationship to conviction: They support one fact (the accuracy of the machine) that, in turn, supports another fact that can establish guilt (blood alcohol level)”

   2 later decisions quote this exact passage
   e.g. 93 Mass. App. Ct. 308 - Commonwealth v. McEvoy · State v. Gietzen