State v. Cooke’s Empirical Analysis
1967
Citation profile
69 state decisions
How this case has been cited
Cited by 69 later decisions — most recently October 2008 · most notably State v. Riera (1970), Commonwealth v. DiFrancesco (1974)
69 state decisions — followed in 11 states
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 State v. Johnson · State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc. · 95 Okla. Crim. 60 - Toms v. State · State v. Smith · State v. Hairr
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The word presumption, as lucidly pointed out by Stansbury, N. C. Evidence § 215 (2d Ed., 1963), has been used in different senses, but always upon the premise that when a certain basic fact is established another (presumed) fact is assumed or inferred. The following situations illustrate the varying uses of the word presumption: (1) If evidence to disprove the presumed fact will not be heard, we have a rule of substantive law, sometimes loosely called “a conclusive presumption”; (2) If the basic fact authorizes, but does not compel, the jury to find the assumed facts, we have a permissible inference or prima facie evidence; (3) If the basic fact compels the jury to find the assumed fact unless and until sufficient evidence of its nonexistence has been introduced, we have a true presumption, and, in the absence of sufficient proof to overcome it, the jury must find according to the presumption.”
1 later decision quote this exact passage““As I have heretofore stated in other cases this week, 20-139.1 provides that where a person is charged with operating a motor vehicle under the influence and the test is given, that'it raises the following presumption: ‘If there was at that time .10 percent or more by weight of alcohol in the person’s blood, it shall be presumed that the person was under the influence of intoxicating liquor.’ ' ' "Now, that is a presumption.-It is a rebuttable presumption; that is, it may be rebutted by other evidence; it is not conclusive and, therefore, the defendant contends that if there was such presumption that he has overcome it by other evidence. But the presumption created by the statute by the test is to be considered by you along with all the other evidence in passing upon the defendant’s guilt or innocence.””
1 later decision quote this exact passagee.g. State v. Jent““Result of a chemical analysis admissible in evidence; pre sumption.— (a) In any criminal action arising out of acts alleged to have been committed by any person while driving or operating a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of the person’s breath or blood shall be admissible in evidence and shall give rise to the following presumptions: (1) If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, it shall be presumed that the person was under the influence of intoxicating liquor.””
1 later decision quote this exact passagee.g. State v. Raynor
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.