Albaugh v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"This is not the usual case of a motorist who drives a motor vehicle while under the influence of alcohol. Here, a law enforcement officer played a direct role in influencing Albaugh to leave his home in the middle of the night to move his truck, only minutes later arresting him for driving while intoxicated. As the Court of Appeals said, 'the evidence suggests that Albaugh and his girlfriend had settled in for the evening and had decided not to move the truck until the following morning' Albaugh, Slip Op. at 6 n. 4; accord Williams v. Crist, 484 N.E.2d 576, 578 (Ind.1985) ('[TIhe intoxicated driver is guilty of willful and wanton misconduct when he deliberately assumes control of an automobile and places it upon a public highway."); Kolkman v. Falstaff Brewing Corp., 511 N.E.2d 478, 479 (Ind.Ct.App.1987) (same); Roberts v. Chaney, 465 N.E.2d 1154, 1161 (Ind.Ct.App.1984) (Ratliff, J., dissenting in part and concurring in part) (Becoming intoxicated ordinarily is the result of the conscious and intentional act of the drinker.... Further, driving a motor vehicle is not an involuntary act. On the contrary, it is an act performed deliberately and intentionally by the driver)." Albaugh, 721 N.E.2d at 1237 .”

   1 later decision quote this exact passage
   e.g. Wohlwend v. Edwards

2. “); Kolkman v. Falstaff Brewing Corp., 511 N.E.2d 478, 479 (Ind.Ct.App.1987) (same); Roberts v. Chaney, 465 N.E.2d 1154, 1161 (Ind.Ct.App.1984) (Ratliff, J., dissenting in part and concurring in part) (Becoming intoxicated ordinarily is the result of the conscious and intentional act of the drinker.... Further, driving a motor vehicle is not an involuntary act. On the contrary, it is an act performed deliberately and intentionally by the driver).”

   1 later decision quote this exact passage
   e.g. Wohlwend v. Edwards

3. “(a) It is a defense that: (1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and (2) the person was not predisposed to commit the offense. (b) Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.”

   1 later decision quote this exact passage
   e.g. Paul D. Mobley v. State of Indiana