24 Kan. App. 2d 621 - State v. Briggs’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In City of Abilene v. Hall, 202 Kan. 636, 640 , 451 P.2d 188 (1969), the court stated the general principles of testing for blood alcohol content. The Hall court held that a properly educated medical technologist has the necessary qualifications to evaluate chemical tests for alcoholic content of blood. 202 Kan. at 640 . “The Hall court adopted the following rule: ‘[T]he fact there may be some disagreement on the part of a few in the scientific and medical community as to the reliability of a particular test method is a matter affecting the weight of such evidence and not its admissibility. [Other courts] have held such evidence admissible as long as a qualified expert witness testifies that the particular test method employed in a given case is rehable and accurate in his opinion, and also that it is generally accepted as such by other experts in the field.’ 202 Kan. at 641 . “On appeal, Briggs cites Com. v. Wanner, 413 Pa. Super. 442, 450 , 605 A.2d 805 (1992), where the court held that evidence of the amount of alcohol in a person’s plasma was not sufficient to support a conviction. The Wanner court quoted extensively from Com. v. Bartolacci, 409 Pa. Super. 456, 458-59 , 598 A.2d 287 (1990), where the court required a conversion of the blood serum, and an expert testified that ‘when serum blood is tested the results will show a blood alcohol content which can range from between 10 to 20 percent higher than a test performed on whole blood.’ ””

   1 later decision quote this exact passage
   e.g. State v. Graham