State v. Orr’s Empirical Analysis

Citation profile

58 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. A person may not drive any vehicle upon a highway ... if any of the following apply: [[Image here]] "b. That person is under the influence of intoxicating liquor. [[Image here]] "3. A person violating this section or equivalent ordinance is guilty of a class B misdemeanor for the first or second conviction in a five-year period, and of a class A misdemean- or for a later conviction in a five-year period. Notwithstanding the other provisions of this subsection, a person violating this section or equivalent ordinance is guilty of a class A misdemeanor for the fourth or subsequent conviction in a seven-year period. The minimum penalty for violating this section is as provided in subsection 5. The court shall take judicial notice of the fact that a conviction would be a subsequent conviction if indicated by the records of the commissioner or may make such finding based on other evidence. [[Image here]] “5. A person convicted of violating this section, or an equivalent ordinance, must be sentenced in accordance with this subsection. "a. For a first offense, the sentence must include both a fine of at least two hundred fifty dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program. “b. For a second offense within five years, the sentence must include at least four days’ imprisonment of which forty-eight hours must be served consecutively, or ten days’ community service; a fine of at least five hundred dollars; and an order for addicti”

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

2. “The fourth and fourteenth Amendments to the United States Constitution and Article I, Section [8] of the North Dakota Constitution prohibit unreasonable searches and seizures. The guiding ‘principle behind these prohibitions is to safeguard personal privacy and dignity against unwarranted intrusions by the State. To realize this principle, all evidence obtained in searches and seizures which transgress the commandments of the fourth amendment to the federal constitution has been made inadmissible in state courts by the United States Supreme Court.”

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

3. “that an uncounseled misdemeanor conviction punishable by more than six months' imprisonment cannot under the Sixth Amendment be used to increase a prison term under an enhanced penalty provision.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bilbrey v. State