Stoutner v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• Appellant’s mother and two wrecker drivers arrived at the scene of the accident before Trooper Hackney did. • Trooper Hackney was dispatched to the scene at approximately 2:00 a.m. on July 7, 2006. • The preliminary breath test confirmed the presence of alcohol in appellant’s breath, and the Intoxilyzer registered appellant’s alcohol concentration at 0.135 at 3:32 a.m. • Based on the results of the HGN (horizontal gaze nystagmus) test that he had given appellant, Trooper Hackney formed an opinion that appellant was operating a motor vehicle in a public place while intoxicated. • Appellant told Trooper Hackney that he did not know how he had lost control, but that he lost control of the vehicle and ended up in the ditch. • In Trooper Hackney’s opinion, the accident was “pretty much due to drinking, unsafe speed because it was wet out there, the roads were wet, that he failed to drive in a single lane and drove off the side of the road there and hit the pole.””

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