State v. Schwalk’s Empirical Analysis
1988
Citation profile
1 district · 48 state decisions
How this case has been cited
Cited by 49 later decisions — most recently November 2025 · most notably Atkinson v. State (1993), Schwind v. Director, North Dakota Department of Transportation (1990)
1 district · 48 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 Kolender v. Lawson · United States v. Harriss · Parker v. Levy · United States v. Scott · United States v. National Dairy Products Corp.
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The results of the chemical analysis must be received in evidence when it is shown that the sample was properly obtained and the test was fairly administered, and if the test is shown to have been performed according to methods and with devices approved by the state toxicologist, and by an individual possessing a certificate of qualification to administer the test issued by the state toxicologist.””
5 later decisions quote this exact passage“"1. Use a sterile, dry, clean syringe and needle, and non-alcoholic, non-volatile, skin disinfectant. "2. Remove stopper from vial before filling. These vials do not have a vacuum. "3. If possible place 10 ml of whole blood or other fluid specimen into the vial and replace the stopper. "4. Invert the vial several times to mix the chemical and prevent clotting. "5. Fill in name of subject, date, time and your name or initials on the label. Place it over the top and down the sides of the vial. "6. Fill in the top part of this form and place it and the sealed vial in the mailing container. "7. Place cotton or tissue paper on top of the vial. Replace the metal screw cap. "8. Affix the mailing container seal by placing it over the metal cap and down the cardboard sides. "9. Affix the return address label around the mailing container over the ends of the seal."”
3 later decisions quote this exact passage“1. A person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if any of the following apply:”
3 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.