52 Or. App. 663 - State v. Gardner’s Empirical Analysis
1981
Citation profile
2 federal appellate · 15 state decisions
How this case has been cited
Cited by 19 later decisions (2 by the Supreme Court) — most recently February 2003
2 federal appellate · 15 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.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" See also, United States v. Ash, 413 US 300, 315 , 93 S Ct 2568 [2576], 37 L E[d] 2d 619 (1973) (counsel not required at post-indictment photographic display); Gilbert v. California, 388 US 263, 267 , 87 S Ct 1951 , [1953-54], 18 L Ed 2d 1178 (1967) (counsel not required at taking of handwriting exemplars from accused). We think that the same rationale applies to the administration of a breath test. A meaningful challenge to the evidentiary use of the test or the accuracy of its result is not dependent on counsel's presence during the test. The officer administering the test can be cross-examined at trial. Defendant can request her own test and introduce the results at trial. Finally, defendant can challenge the accuracy of the test and the meaning of its results with her own expert witnesses. We hold that the statutory scheme does not violate defendant's Sixth Amendment right to counsel." 52 Or.App. at 668 , 629 P.2d 412 .”
1 later decision quote this exact passage“"We also hold that counsel need not be present during administration of the breath test itself. In discussing the administration of scientific tests used in criminal investigation, such as fingerprinting and blood samples, the Supreme Court in United States v. Wade, [ 388 U.S. 218, 227-28 , 87 S.Ct. 1926, 1932-33 , 18 L.Ed.2d 1149 (1967) ], stated:”
1 later decision quote this exact passage“* * * because the defendant had no constitutional privilege not to submit to the breath test and because [the] statutory right not to take the test is expressly qualified by statute * * *.”
1 later decision 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.