State v. Olmscheid’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the peace officer had probable cause to believe that the defendant drove, operated, or was in physical control of a motor vehicle while under the influence of alcohol. Probable cause means that it was more likely than not that the defendant drove, operated or was in physical control of a motor vehicle while under the influence of alcohol. Second, the defendant was requested by a peace officer to submit to [a] chemical test of his blood or urine. Third, the defendant refused to submit to the test. Fourth, the defendant’s act took place on or about March 11, 2004, in Winona County.”

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

2. “First, defendant was requested by a peace officer to submit to a chemical test of defendant’s (blood) (breath) (urine) under the Implied Consent Law. Second, defendant refused to submit to the test. Third, (once within the past five years) (twice or more within the past ten years) defendant’s drivers license had been (suspended) (revoked) (cancelled) (denied) for_ 3 Fourth, defendant’s act took place on (or about)_, in_County.”

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