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← 263 CALAPP2D 719 - People v. Graves

People v. Graves’s Empirical Analysis

1968

Citation profile

49
cited by 49 later decisions
2
states following
December 1973
most recently cited

49 state decisions

Relationships

Relies on Terry v. Ohio · Chapman v. State of California · United States v. Wade · Stovall v. Denno · Gilbert v. California

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

  1. ““Our law provides that no act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. “This means that drunkenness, if the evidence shows that the defendant was in such a condition when allegedly she committed the crime charged in Count II of the Information is not of itself a defense to said charge, namely the so called hit and run charge. Her state of intoxication or sobriety, however, may be considered by you in determining whether the defendant had knowledge that personal injuries had resulted or probably resulted from the collision. As stated to you in other instructions, if for any reason, the defendant did not have actual or constructive knowledge that injury to others had resulted or were a probable result of the collision, your verdict as to Count II should be not guilty.” (Based upon CALJIC 78 (Rev.).)”
    1 later decision quote this exact passage
  2. “The rationale of Marsh, supra, that traffic offenders are usually noncriminals and therefore should not be subjected to the indignity of even a search for weapons must yield to the principle espoused in Terry and Sibron, supra, that a police officer may make a reasonable self-protective search for weapons if he has a constitutionally adequate reasonable ground for doing so, subject to the limitation that the scope of the search must be reasonably related to and justified by the circumstances which rendered its initiation permissible. In the case of a valid arrest the constitutional adequacy is supplied by the arrest itself....”
    1 later decision quote this exact passage
  3. “We are not unmindful of the dangers daily faced by the men who bear the burden of policing our streets and highways, and of the fact that even a minor traffic citation incident can occasionally erupt into violence. We agree with the United States Supreme Court that `Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties....' The courts should do all in their constitutional powers to minimize these risks.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.