Tharp v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “4.50 Procedures on Approved Instruments - Type Al and Type A2. A calibration test shall be performed to determine if an instrument produces results within the standard of accuracy (±01). Due to individual characteristics of the various approved instruments, different procedures are required for performing the calibration tests. They are described as follows. a. BAC DataMaster. A calibration test is automatically performed with each subject test and is recorded by the instrument as part of the test record. There is therefore, no requirement to record the calibration test as a special entry in the log book. b. Breathalyzer Models 1000 and 2000. and Intoxilvzer Model 40IAS. A Senior Operator is to run a calibration test at least once within twenty-four hours either before or after any subject test using a standard solution in an approved breath simulator device. The calibration test is to be recorded chronologically in the instrument logbook which is to be open to inspection by the Department. c. Alco-Analvzer Gas Chromatograph Model 1000 and Gas Chromatograph Intoximeter Model Mark !Y. (1) Breath Samples. When operated in the integrate mode, the instrument records only the ethyl alcohol in a sample on chart paper marked with graduations allowing test results to be read directly from the chart paper. To show that the instrument is calibrated properly, a standard solution in an approved breath simulator device is to be used with every subject test. The standard must give a readin”

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

2. “(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter. (b) Except as provided by §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, the court shall fix punishment as authorized by this chapter in any case where: (1) The defendant pleads guilty to an offense; or (2) The defendant’s guilt is tried by the court; or (3) The jury fails to agree on punishment; or (4) The prosecution and the defense agree that the court may fix punishment; or (5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.”

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