State v. Weaver’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The term “operate,” as used in these instructions means to have the immediate, actual physical control over the operating mechanisms of a motor vehicle that is in motion or has its engine running and may include minimal acts of control or activation of mechanical aspects of the vehicle. A person is “operating” a motor vehicle, as that phrase is used in these instructions, when the person is in a position to have present or potential capability to activate or direct the movements of the vehicle regardless of whether the person is exercising that capability at the time of the alleged offense.”

   3 later decisions quote this exact passage
   e.g. State v. Boleyn · State v. Hopkins

2. “In State v. Webb, 202 Iowa 633, 637 , 210 N.W. 751, 752 (1926), we reasoned that “[t]he real danger that this statute seeks to protect against [is the] possible results from a drunken condition of a driver”, and held that a defendant stopped by police just after starting the ignition but before proceeding down the road, was operating his vehicle because turning the key was “the initial step in carrying out the operation of the car.””

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

3. “Our prior decisions lend considerable weight to the State’s position that there need not be vehicle movement nor capability of vehicle movement for a person to be in actual physical control, and therefore operating, a motor vehicle as contemplated by [the OWI statute].”

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