State v. Gibson’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]ith regard to the second prong of the motion, ... on the first test, the one leg stand, ... I saw the defendant lift his leg up and quickly put it down. He did not hold for 20 seconds____I would say it was more like two seconds!.] He never walked heel-to-toe. It looked like he was attempting] to walk heel-to-toe, but he wasn’t successful at all with that ... he took four steps then stopped. He failed. The resisting arrest ... comes into play, not that he was charged with it, but it appeared as though [defendant] was not able to understand the instructions he was given. Maybe he didn’t understand the instructions on the — the psychophysicals, but he clearly couldn’t do it, and the — that entire incident involving his refusal or inability to get into the vehicle, he was taken into custody, and the — the instructions were clear, get into the vehicle, and how long did that take? I think that there is sufficient probable cause for the State to proceed with the — • the charge of driving while intoxicated[.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bruno Gibson (072257)

2. “THE COURT: There is no evidence of a reading. The officer did testify that he smelled odor of alcohol, and as you and I well know and the Prosecutor knows, that does not establish guilt beyond a reasonable doubt. So what I have before me at this juncture, I have the officer’s testimony that he smelled the odor of alcohol. I have the — the failure of the defendant to perform the psychophysicals and then the demeanor of the defendant. What I need to hear from you is whether or not you feel there is sufficient basis for the Court to find beyond a reasonable doubt that this defendant was intoxicated.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bruno Gibson (072257)

3. “THE COURT: Reckless driving stands, and the failure to signal. I find that there is probable cause for those charges. We ready to start the trial? [DEFENSE COUNSEL]: Yes, Your Honor. THE COURT: Now, Mr. Prosecutor, in addition to Officer Mueller, were there other officers that were being called? [PROSECUTOR]: I don’t think we need anyone else, your Honor. THE COURT: Okay.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bruno Gibson (072257)