Shepler v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “no level of illicit drug use which can be acceptably combined with driving a vehicle [because] the established potential for lethal consequences is too great.”

   2 later decisions quote this exact passage
   e.g. 2006 WI App 92 - State v. Gardner · Bennett v. State

2. “Whether a statute is constitutional on its face is a question of law. When the issue presented on appeal is a pure question of Jaw, we review the matter de novo. Further, legislation under constitutional attack is clothed in a presumption of constitutionality. The challenger has the burden to rebut this presumption. All reasonable doubts must be resolved in favor of an act's constitutionality. When a statute can be construed so as to support its constitutionality, we must adopt such a construction. '”

   1 later decision quote this exact passage
   e.g. Smith v. State

3. “Unlike the blood alcohol concentration test used to measure alcohol impairment there is no similar test to measure marijuana impairment. There is, though, as was used here, a test to measure the use of marijuana, a drug illegal in the State of Iowa, in a person’s body. There being no reliable indicator of impairment, the legislature could rationally decide that the public is best protected by prohibiting one from driving who has a measurable amount of marijuana metabolites.”

   1 later decision quote this exact passage
   e.g. State v. Comried