State v. Gensler’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'(i) For the purpose of determining whether a conviction is a first, second, third, fourth or subsequent conviction in sentencing under this section: (1) Convictions for a violation of this section, or a violation of an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits, or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging any such violations, shall be taken into account, but only convictions or diversions occurring on or after July 1, 2001. .... (3) "conviction”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Fisher · State v. Mejia

2. “"(a) No person shall operate or attempt to operate any vehicle within the city while: (1) The alcohol concentration in the person's blood or breath, as measured within three hours of the time of operating or attempting to operate a vehicle is .08 or more; (2) Under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle; (3) The alcohol concentration in the person's blood or breath as shown by any competent evidence is .08 or more. For the purposes of this section, 'any competent evidence' includes (1) Alcohol concentration tests obtained from samples taken three hours or more after the operation or attempted operation of a vehicle, and (2) readings obtained from a partial alcohol concentration test on a breath testing machine; (4) Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or (5) Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle." Wichita Municipal Ordinance (W.M.O.) 11.38.150.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Lamone · State v. Fisher

3. “To determine the precise nature of the 'vehicle' Gensler was operating would require a sentencing court to engage in its own fact-finding, which is impermissible.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Mejia · State v. Myers