State v. Schneider’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court has broad discretion in determining the adequacy of foundation for a lay person’s opinion whether another person at a certain time was intoxicated or under the influence. Normally a witness will testify that he observed one or more objective indicators of intoxication or of being under the influence, and the trial court’s function is to determine whether under the circumstances of £he case these observations constitute a sufficient foundation for an opinion. There is no mechanical rule which the court must follow in exercising that discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Stokes

2. “did not stress defendant's silence per se as a basis for conviction.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Whittaker

3. “We don't have any evidence before us to refute these things.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Whittaker