Webb v. Stone’s Empirical Analysis

Citation profile

1 district · 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We are concerned in this appeal only with the question of whether the defendant’s failure in the instant case to make an avowal as to the significance of the alcohol contents shown by his other avowal testimony bars him from claiming prejudice from the trial court’s refusal to admit the evidence of the alcoholic-content percentages. The question is whether the relevancy of the evidence that was offered is sufficiently apparent to this court to warrant a conclusion that the exclusion of the evidence was prejudicial. We think it is. Certainly when the legislature has said, in KRS 189.520, that an alcoholic-content percentage of as much as 0.15 percent creates a presumption that the person is under the influence of intoxicating liquors to such an extent as not to meet the qualifications prescribed by the legislature for drivers, it would be strange indeed for this court to say that a showing of a percentage of 0.20 percent does not indicate to us any relevancy of the question of capacity to drive. 9”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Ferrell

2. “It is true that the defendant herein did not make any avowal as to the significance of an alcoholic content of 0.20 percent (or 0.10 percent) in the blood as relates to a showing of the extent of drunkenness. 8”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Ferrell