State v. Edmundson’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[Djirect evidence is evidence which, if believed, proves the existence of the fact in issue without inference or presumption; it is evidence which comes from an ‘eyewitness,’ or one who speaks directly of his own knowledge on the main or ultimate fact to be proved, or who saw or heard the factual matters concerning which he testifies!.]” 29 Am.Jur. Evidence § 4 (1967) at page 37. Here, the police officer formed his opinion that Edmundson was intoxicated based on his direct observations of Edmundson’s behavior on the night in question. Thus, the officer saw Edmundson drive his car off of the curb at Boyd’s Bar and then proceed to weave over the roads. After he managed to stop Edmundson’s vehicle, the police officer observed the physical indicia of intoxication as evidenced by Edmundson’s watery eyes, slurred speech, unsteady gait, and the odor of alcohol about his person. Moreover, the officer watched Edmundson unsuccessfully perform each of the seven field sobriety tests. Edmundson now contends that his physical ailments could have affected his ability to perform the dexterity tests. However, it is undisputed that the officer asked Edmundson whether he had any physical disabilities before the tests were administered to him. Although Edmundson responded that he had bad feet which affected his balance, he, nevertheless, stated that he could perform the tests. Furthermore, the record supports the conclusion that the officer did not rest his opinion that Edmundson was intoxicate”

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