Public-domain · open source
OpenJurist
← 294 SO2D 708 - State v. Fitzpatrick

State v. Fitzpatrick’s Empirical Analysis

1974

Citation profile

5
cited by 5 later decisions
1
states following
December 1986
most recently cited

5 state decisions

Relationships

Relies on Bessie Cannon v. State of Florida · Smith v. State · 102 So. 2d 619 - Clowney v. State · 116 So. 2d 254 - Lowe v. State

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

  1. ““[Bjeing under the influence of intoxicating liquor” and “being intoxicated” are different terms and do not mean the same thing. This of course is true. However “being under the influence of intoxicating liquor to the extent that one’s normal faculties are impaired, or so as to deprive one of full possession of his normal faculties” is equivalent to “being intoxicated.” Clowney v. State, Fla. 1958, 102 So.2d 619 . Thus, in the case at bar, if appellee had a breathalyzer reading of 0.18 per cent he is presumed to be under the influence to the extent his normal faculties are impaired, i.e., he is presumed to be intoxicated.”
    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.