Pope v. McGee’s Empirical Analysis

Citation profile

8 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. “Found in the Sallee ear were two six packs of warm beer and some unidentified white powder. There is no evidence whatever that Sallee had been drinking or was under the influence of dope. In fact, there was no evidence that the white powder was any kind of "dope.” The patrolman, arriving shortly after the collision, investigating the question, was unable to detect any smell of alcohol on Sallee’s breath. A blood test also showed no alcohol in his blood. The character of the white powder was not established and it was not identified except as a “white powder.” The implication, not supported by any evidence, is that it was some form of “dope.” Testimony regarding the presence of the six packs and the white powder should be excluded. There is no evidence that Sal-lee was intoxicated or that he had been drinking, the only evidence in the record was to the contrary. The white powder, whatever it may have been, was not identified and there is nothing to show that Sallee was under the influence of dope. Allowing evidence of the presence of these things in the Sallee automobile would be highly prejudicial and would shed no light on the proximate cause of the collision. This evidence is not to be admitted on retrial.”

   2 later decisions quote this exact passage
   e.g. Holladay v. Tutor · 778 So. 2d 766 - ACCU FAB & CONST., INC. v. Ladner