Scherlie v. State’s Empirical Analysis
1985
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently June 2005
11 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 158 Tex. Crim. 313 - Hill v. State · Forte v. State · Eckman v. State · Goswick v. State · Epperson 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The definition of “intoxicated” in Article 6701l-1(a)(2)(b) does not give rise to any presumption of intoxication; an alcohol concentration of 0.10% constitutes intoxication standing alone. It is a separate, independent, additional way in which the crime of driving while intoxicated may be committed. It is not a presumption at all, much less an irrebuttable presumption. It is the ultimate fact to be determined in litigation.”
1 later decision quote this exact passagee.g. Reinsmith v. State“once it is shown that the defendant had an alcohol concentration of 0.10% or more, there is nothing for the jury to presume.”
1 later decision quote this exact passagee.g. Schumaker v. State
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.