Key v. State’s Empirical Analysis
1995
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently March 2013
4 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 Mullins v. State · Baran v. State · Crouch v. State · Storrjohann v. State
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Selection criteria are inherent in the various rules pertaining to breath test equipment. In order to be selected for use and to be properly certified, a breath test machine must be capable of performing tests and yielding accurate results in the manner described above. Further, when the Department adopts rules regarding the proper technique for administering a breath test using a particular model of breath test equipment, it necessarily has selected that model as reliable to analyze breath samples within acceptable scientific standards for accuracy. It is of no consequence that these rules were not specifically designated as "selection" standards. There is no requirement that the Department list standards for the selection of breath test equipment separately from the standards pertaining to certification, inspection and operation of the same equipment. We conclude that the administrative rules in effect at the time of Key's arrest were sufficient to satisfy the mandate of 1.0. 9-80-6-5 that the Department of Toxicology adopt rules concerning the selection of breath test equipment. 1”
1 later decision quote this exact passagee.g. State v. Hayes“(a) The director of the department of toxicology of the Indiana University school of medicine shall adopt rules under IC 4-22-2 concerning the following: "t *# "# "k * *t (2) Standards and regulations for the: (A) Selection; and (B) Certification; of breath test equipment and chemicals. (8) The certification of the proper technique for administering a breath test. "t * *t * * * (c) Certified copies of certificates issued in accordance with rules adopted under subsection (a) ... [[Image here]] (2) Constitute prima facie evidence that the equipment or chemical: (A) was inspected and approved by the department of toxicology on the date specified on the certificate copy.... L *s * *# * a (d) Results of chemical tests that involve an analysis of a person's breath are not admissible in a proceeding ... if; (1) The test operator; (2) The test equipment; (3) The chemicals used in the test, if any; or (4) The techniques used in the test; have not been approved in accordance with the rules adopted under subsection (a).”
1 later decision quote this exact passagee.g. State v. Hayes“k * *t (2) Standards and regulations for the: (A) Selection; and (B) Certification; of breath test equipment and chemicals. (8) The certification of the proper technique for administering a breath test.”
1 later decision quote this exact passagee.g. State v. Hayes
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.