66 Or. App. 703 - State v. Smith’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he certificates of breathalyzer inspections do not concern observations by the police officers in the course of a criminal investigation. Rather, they relate to the routine function of testing breathalyzer equipment to insure that it gives accurate readings. See United States v. Grady, supra, 544 F.2d [598] at 604. The testing and certification under [Oregon Revised Statute] 487.815(3)(c) is not done in the adversarial context of a particular case that might cloud law enforcement personnel's perception. A review of the congressional debate reveals that [Federal Rule of Evidence] 803(8)(B) was intended to preclude only the admission of police reports made in the course of investigation of a particular crime in lieu of the officers' in court testimony, not records of routine, nonadversarial matters such as those in question here.”

   1 later decision quote this exact passage
   e.g. 212 W. Va. 135 - State v. Dilliner

2. “two documents certifying that the breathalyzer equipment was in proper operating order” were admissible into evidence under state law public records exception but declining without explanation to address defendant's argument that the two documents”

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

3. “The defendant relied on Oates . The Oregon court disagreed: We conclude that, in adopting FRE 803(8)(B), Congress did not intend to change the common law rule allowing admission of public records of purely”

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