State v. Muller’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We find it improbable that the legislature intended that the State may only appeal if, but only if, the district attorney personally signs the notice of appeal. There are many occasions when the district attorney may be compelled to be “out of state,” or “at other places,” and is not physically present to sign the notice of appeal. It is, therefore, logical that some other “prosecuting attorney” would be authorized to sign the name of the district attorney, or that an amendment of that notice of appeal could be filed with the court to “show” the district attorney’s intent and consent, as occurred in this cause.”

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

2. “(b) In order to be certified each brand and/or model of breath testing instrument must meet the following criteria: [[Image here]] (4) The specificity of the procedure shall be adequate and appropriate for the analyses of breath specimens for the determination of alcohol concentration in traffic law enforcement. (5) Any other tests deemed necessary by the Scientific Director to correctly and adequately evaluate the instrument to give correct results in routine breath alcohol testing and be practical and reliable for traffic law enforcement purposes.”

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

3. “The only authority that the legislature delegated to the DPS in article 67011-5, was to prescribe the rules for certification of breath testing equipment and individuals operating the equipment. The legislature did not delegate any authority to DPS, nor has DPS assumed any, to promulgate rules of evidence.”

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