State v. Kimball’s Empirical Analysis
1985
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently May 2017 · most notably Kuntz v. State Highway Commissioner (1987), State v. Mertz (1985)
27 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 Schmerber v. State of California · People v. Perkins · In Re Martin · State v. Manke · State v. Matthews
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"2. ... The hearing must be recorded and its scope may cover only the issues of whether [1] the arresting officer had reasonable grounds to believe the person had been driving or was in actual physical control of a vehicle in violation of 39-08-01 or equivalent ordinance; [2] whether the person was placed under arrest; [3] whether the person was tested in accordance with section 39-20-01 or 39-20-03 and, if applicable, section 39-20-02; and [4] whether, based on a review of the test procedures and results, the person had a blood alcohol concentration of at least ten one-hundredths of one percent by weight-””
4 later decisions quote this exact passage““The State satisfies its burden of proof only if the evidence shows beyond a reasonable doubt ... [t]he defendant had a blood alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after driving.””
2 later decisions quote this exact passagee.g. State v. Vogel · State v. Steinmetz““Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the amount of alcohol, drugs, or a combination thereof in the person’s blood at the time of the act alleged as shown by a chemical analysis of the blood, breath, saliva, or urine is admissible. For the purpose of this section: “5. The results of the chemical analysis must be received in evidence when it is shown that the sample was properly obtained and the test was fairly administered, and if the test is shown to have been performed according to methods and with devices approved by the state toxicologist, and by an individual possessing a certificate of qualification to administer the test issued by the state toxicologist....””
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.