McPherrin v. Conrad’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “shall within ten days forward to the director a sworn report stating (a) that the person was validly arrested pursuant to section 60-6,197 [driving under the influence] and the reasons for such arrest, (b) that the person was requested to submit to the required test, and (c) that the person submitted to a test, the type of test to which he or she submitted, and that such test revealed the presence of alcohol in a concentration specified in section 60-6,196 [over .08].”

   3 later decisions quote this exact passage
   e.g. McGuire v. Department of Motor Vehicles · Hahn v. Neth

2. “[W]e must conclude that [the Department and its director] made a prima facie case once they established the officer provided his sworn report containing the required recitations. The director was not required to prove the recitations were true. Rather, it became [the alleged driver’s] burden to prove that one or more of the recitations were false.”

   3 later decisions quote this exact passage
   e.g. 4 Neb. Ct. App. 108 - Mahlendorf v. Nebraska Department of Motor Vehicles · 13 Neb. Ct. App. 867 - Scott v. STATE, DEPT. OF MOTOR VEHICLES

3. ““[t]here was no other competent evidence received at the contest hearing that would support a finding that [Officer Penick] had probable cause; that [Mahlendorf] was lawfully arrested; that [Mahlendorf] was advised of the consequences or that [Mahlendorf] was operating or in the actual physical control of a motor vehicle. “The consideration by the Director of [the sworn report] to establish the prima facie case for revocation was error because it was not offered or received for that purpose... .””

   1 later decision quote this exact passage
   e.g. 13 Neb. Ct. App. 867 - Scott v. STATE, DEPT. OF MOTOR VEHICLES