382 So. 2d 697 - State v. Bender’s Empirical Analysis
1980
Citation profile
93 state decisions
How this case has been cited
Cited by 94 later decisions — most recently February 2018 · most notably Dept. of Ins. v. Southeast Volusia Hosp. Dist. (1983), 604 So. 2d 783 - Robertson v. State (1992)
93 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 · MacKey v. Montrym · Breithaupt v. Abram · 372 So. 2d 913 - Askew v. Cross Key Waterways · State v. Gallant
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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] defendant may in any proceeding attack the reliability of the testing procedures, the qualifications of the operator, and the standards establishing the zones of intoxicant levels.”
12 later decisions quote this exact passagee.g. State v. Bodden · State v. Taylor“: The purpose of those portions of sections 322.261 and 322.262 6 which direct law enforcement to use only approved techniques and methods is to ensure reliable scientific evidence for use in future court proceedings and to protect the health of those persons being tested , who by this statute have given their implied consent to these tests. Id. at 699 (emphasis added). Although the adequacy of the Rules was not at issue in Bender , the Court concluded that compliance with the Rules is essential for reliable procedures and that”
8 later decisions quote this exact passage“if a proper predicate established that (1) the test was reliable, (2) the test was performed by a qualified operator with the proper equipment and (3) expert testimony was presented concerning the meaning of the test.”
5 later decisions 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.