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← 58 CAL2D 509 - In Re Martin

In Re Martin’s Empirical Analysis

1962

Citation profile

120
cited by 120 later decisions
15
states following
June 2010
most recently cited

120 state decisions

How this case has been cited

Cited by 120 later decisions — most recently June 2010 · most notably 6 Cal. 3d 757 - People v. Superior Court (1972), State v. Weaver (1998)

120 state decisions — followed in 15 states

390196219701980199020002010decided

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 175 Cal. App. 2d 862 - In re Newbern · 54 Cal. 2d 757 - In re Koehne · 195 Cal. App. 2d 819 - McCormick v. Municipal Court

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

  1. “[P]olice officers are not required to take the initiative or even to assist in procuring any evidence on behalf of a defendant which is deemed necessary to his defense (citations omitted). But in no event can duly constituted authority hamper or interfere with efforts on the part of an accused to obtain a sampling of his blood, without denying to him due process of law. We are persuaded to such conclusion in any instance where the conduct of the authorities, whether through affirmative action or by the imposition of their rules and regulations, imposes any material obstacle in the path of the accused. Nor are we impressed that an accused, as perhaps in the instant case, might have reached his goal by pursuing a different course. It is sufficient if, in seeking to establish the fact of the alcoholic content of his blood, the authorities, by their actions or regulations, frustrate his reasonable efforts designed to produce probative evidence.”
    7 later decisions quote this exact passage
  2. “* * * [P]olice officers are not required to take the initiative or even to assist in procuring any evidence on behalf of a defendant which is deemed necessary to his defense.”
    3 later decisions quote this exact passage
  3. “[n]o meritorious claim can be made that [the defendant] could not, at that time, have obtained a timely sampling if unhampered.”
    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.