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← 811 N.E.2d 415 - Abney v. State

Abney v. State’s Empirical Analysis

2004

Citation profile

14
cited by 14 later decisions
1
states following
March 2019
most recently cited

14 state decisions

How this case has been cited

Cited by 14 later decisions — most recently March 2019

14 state decisions

7020042010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Schmerber v. State of California · Nebraska v. Wyoming · Tyler v. Hartigan · Nixon v. Shrink Missouri Government PAC · Sweeney v. State

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

  1. “A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician shall obtain a blood, urine, or other bodily substance sample if the following exist: (1) A law enforcement officer requests that the sample be obtained. (2) The law enforcement officer has certified in writing the following: (A) That the officer has probable cause to believe the person from whom the sample is to be obtained has violated IC 9-80-5. (B) That the person from whom the sample is to be obtained has been transported to a hospital or other medical facility. (C) That the person from whom the sample is to be obtained has been involved in a motor vehicle accident that resulted in the serious bodily injury or death of another. (D) That the accident that caused the serious bodily injury or death of another occurred not more than three (8) hours before the time the sample is requested. (3) Not more than the use of reasonable force is necessary to obtain the sample.”
    3 later decisions quote this exact passage
  2. “On July 9, 1999, shortly before 3:00 am., deputies of the Marion County Sheriff's Department found the deceased body of Jon Heffernan lying in the middle of a roadway. A car had struck Heffernan and the bicycle he was riding. Shortly thereafter, Danville police officers James Anderson and Dwight Simmons saw Lanny Abney driving in a car that had extensive front-end damage. The windshield was shattered, the hood and top of the car were caved in, and the airbag had been deployed. Abney had to navigate the car by leaning his head out of the driver's side window. When the officers pulled behind Abney and activated their overhead lights, Abney sped away, crossed the centerline, drove on the wrong side of the road, and drove for about a mile before finally pulling into a driveway in a residential neighborhood. When Abney got out of the car, he was unsteady on his feet, he smelled of alcohol, his speech was slurred, and his eyes were glassy and bloodshot. After initial questioning, Ab-ney admitted having hit something with his car, but said he did not know what it was. The officers observed what appeared to be blood, hair, and skin on the front of Abney's car.”
    1 later decision quote this exact passage
  3. “I have probable cause to believe that you have operated a vehicle while intoxicated. I must now offer you the opportunity to submit to a chemical test and inform you that your refusal to submit to a chemical test will result in a suspension of your driving privileges for one year. Will you now take a chemical test? .”
    1 later decision 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.