Public-domain · open source
OpenJurist
← 698 SW2D 390 - McCambridge v. State

McCambridge v. State’s Empirical Analysis

1985

Citation profile

18
cited by 18 later decisions
1
states following
July 2007
most recently cited

18 state decisions

How this case has been cited

Cited by 18 later decisions — most recently July 2007

18 state decisions

120198519902000decided

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 Miranda v. State of Arizona Vignera · United States v. Wade · Schmerber v. State of California · Griffin v. California · Kirby v. Illinois

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

  1. “The constitutional right to assistance of counsel attaches when adversary judicial proceedings are initiated against an accused, Kirby v. Illinois, 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972), and the government has committed itself to prosecute. 406 U.S. at 689 , 92 S.Ct. at 1882 . The defendant is entitled to the presence of counsel at critical confrontations with the state to assure that his right to a fair trial will be protected. See United States v. Wade, 388 U.S. 218, 226-27 , 87 S.Ct. 1926, 1931-32 , 18 L.Ed.2d 1149 (1967). But we disagree with the analysis in Forte , concluding that it is a critical stage in the proceedings when a police officer requests a breath test. Preparatory steps in the state’s gathering of evidence, such as taking fingerprints or a blood sample, have been held not to constitute a critical stage in the prosecution of the accused. Wade, 388 U.S. at 227-28 , 87 S.Ct. at 1932-33 ; see also Yates v. State, 679 S.W.2d 534, 536 (Tex.App.—Tyler 1984, pet. ref’d).”
    1 later decision quote this exact passage
  2. “Because the appellant's refusal to take the breath test was not constitutionally protected (under the Sixth Amendment to the Federal Constitution), and because this was not a critical stage of the prosecution against the appellant, we hold that he was not entitled to consult an attorney before deciding whether to refuse to take the breath test.”
    1 later decision quote this exact passage
  3. “We decline to follow the majority holding in Forte v. State ...”
    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.