75 Or. App. 430 - State v. Conway’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In establishing [an] element, the state may rely on circumstantial evidence and reasonable inferences flowing from that evidence. An inferred fact must be one that the [factfinder] is convinced follows beyond a reasonable doubt from the underlying facts. But the requirement that the [factfinder] be convinced beyond a reasonable doubt does not mean that a particular inference must inevitably follow from the established facts. Rather, the established facts may support multiple reasonable inferences and, if they do, which inference to draw is for the [factfinder] to decide."”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 399 - State v. Hedgpeth

2. “Reading the statutes [specific Oregon driving while under the influence and implied consent statutes] together, we hold that they provide that the chemical test consented to by defendant, and containing .23 blood alcohol content 33 minutes after arrest, was prima facie evidence, and created a disputable presumption (footnote omitted) that his blood al cohol content was .15 or more at the time of his arrest. He had the opportunity to produce rebuttal evidence in this regard. Not having done so, he cannot complain that the jury verdict was not based on sufficient evidence.”

   1 later decision quote this exact passage
   e.g. Logan v. Brown

3. “'If you find from the evidence that the chemical analysis of the defendant's breath obtained within a reasonable time after his arrest shows that the blood alcohol content was at a certain level, you may infer that the defendant's blood alcohol content was not less than that at the time of driving and arrest.'”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 399 - State v. Hedgpeth