Public-domain · open source
OpenJurist
← 268 NW2D 68 - State v. Oevering

State v. Oevering’s Empirical Analysis

1978

Citation profile

60
cited by 60 later decisions
14
states following
December 2019
most recently cited

59 state decisions

How this case has been cited

Cited by 60 later decisions — most recently December 2019 · most notably State v. Grant (2008), State v. Parker (1984)

59 state decisions — followed in 14 states

31019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Chimel v. California · Schmerber v. State of California · Boyd v. United States · Rochin v. People of California · United States v. Dionisio

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

  1. “'in spite of the fact that the person searched is not formally under arrest'”
    4 later decisions quote this exact passage
  2. “When reviewing a jury verdict, we must examine the evidence in the light most favorable to the verdict and assume that the jury disbelieved any testimony which conflicts with the result it reached. If on the basis of the evidence in the record the jury could reasonably have found as it did, we may not upset that conclusion.”
    3 later decisions quote this exact passage
  3. ““ * * * We are keenly aware that the standards enunciated in Cupp v. Murphy, supra, must be stringently enforced by the courts of this state in order to avoid serious Fourth Amendment abuses in the form of warrantless pre-arrest investigatory searches. Nevertheless, the Cupp v. Murphy doctrine can serve an important function in criminal negligence prosecutions. Alcohol-related accidents often produce unconscious or uncommunicative victims. We think it would be absurd to demand the performance of an arrest ritual in the presence of such persons as a prerequisite to the admission of probative blood-alcohol evidence against them. Rather, it seems eminently more sensible to allow the admission of such evidence where probable cause would plainly have supported the arrest of such persons had they been fully conscious. We therefore adopt the rule of Cupp v. Murphy, supra, for criminal negligence prosecutions in Minnesota.” State v. Oevering, supra, 268 N.W.2d at 73 ; See, State v. Heintz, supra, 594 P.2d at 390-391 .”
    2 later decisions 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.