State v. Fish’s Empirical Analysis
1995
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2018 · most notably State v. Vondehn (2010), City of Seattle v. Stalsbroten (1999)
30 state decisions
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 United States v. Wade · Gilbert v. California · Berkemer v. McCarty · Malloy v. Hogan · 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"the state wants the jury to infer from the fact of an individual's refusal that he or she is saying, `I refuse to perform field sobriety tests because I believe I will fail them.' Thus, the fact that a person refused or failed to perform field sobriety tests inferentially may communicate that person's beliefthat the person refused to perform the tests because he or she believed that the performance of the tests would be incriminating. For an individual to reveal his or her thoughts is necessarily to make a communication, whether by words or actions." 321 Or. at 56 , 893 P.2d 1023 . (Emphasis supplied.)”
2 later decisions quote this exact passage“"[W]e express no opinion regarding whether aspects of the field sobriety tests other than those we expressly address are `testimonial' or `non-testimonial.'"”
2 later decisions quote this exact passage · from the concurrence“"Some of the field sobriety tests involve verbal statements that communicate information regarding an individual's state of mind. Many of the field sobriety tests authorized by OAR 257-25-020(1) draw upon the individual's memory, perception and ability to communicate, i.e., his or her testimonial capacity. For example, the tests involve counting, OAR 257-25-020(1)(b), (1)(f), (1)(h); answering questions relating to the individual's residence and date of birth, OAR 257-25-020(1)(d)(B); estimating a period of time, OAR 257-25-020(1)(i); and reciting the alphabet, OAR 257-25-020(1)(g). There can be no doubt that those aspects of the field sobriety tests require the individual to communicate information to the police about the individual's beliefs, knowledge, or state of mind. Accordingly, we conclude that at least those aspects of the field sobriety test are clearly `testimonial' under Article I, section 12, of the Oregon Constitution." 321 Or. at 60 , 893 P.2d 1023 . (Emphasis supplied.)”
1 later decision 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.