State v. Wiltgen’s Empirical Analysis
2007
Citation profile
15
cited by 15 later decisions
1
states following
June 2019
most recently cited
15 state decisions
Relationships
Relies on Mathews v. Eldridge · Kansas v. Hendricks · United States v. Mendoza-Lopez · MacKey v. Montrym · Wilkinson v. Austin
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although we appreciate the important nature of the government interest, we conclude that Wiltgen’s interest in her liberty, combined with the risk of erroneous deprivation, outweighs the state’s interest in providing enhanced penalties for repeat offenders, pending resolution of the implied-consent proceeding. We hold that the potential prejudice suffered by Wiltgen from the use of an unreviewed administrative revocation to enhance a subsequent DWI rises to the level of a violation of her right to procedural due process.”
2 later decisions quote this exact passage“That case addressed the question of whether an administrative license revocation, which did not receive a prompt postrevoeation judicial review because of an automatic stay pending the prosecution of the associated criminal charge, can constitutionally be used as an aggravating factor to support the enhancement of a subsequent driving while impaired (DWI) charge from third-degree to second-degree.”
2 later decisions quote this exact passage“can delay the issuance of a second-degree DWI complaint until after the implied consent hearing has been conducted and the revocation has been sustained, or can charge third-degree DWI before the implied consent hearing and amend the complaint to add a second-degree DWI charge after the hearing.”
2 later decisions 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.